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Ja  09-20M 


STATE  OF  NORTH  DAKOTA 


GENERAL  SCHOOL  LAWS 


Comprising  all  the  Laws  in  Force  Pertaining  to  Public 
Schools,  State  Educational  Institutions,  School 
Lands  and  Public  Lands  Appropriated  to 
the  Use  of  the  State  Educational  . 
Institutions,  with  Appendices 


PUBLISHED  BY 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 

W.  L,  STOCKWELL,  Superintendent 

JUNE,  1905 


Published  by  Authority 


BISMARCK,  N.  D. 

Tribune,  State  Printers  and  Binders 

1905 


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THIS  VOLUME  IS  STATE  PROPERTY 

And  is  for  the  use  of 


of School  District  No 

County  of State  of  North  Dakota. 


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School  officers  on  retiring  from  office  are  required  by  law  to  de- 
liver this  volume,  with  all  other  books  and  documents  of  an  official 
character,  to  their  successors  in  office. 


INTRODUCTORY 


This  compilation  of  the  General  School  Laws  is  authorized  by  sec- 
tion 631  of  the  Revised  Codes  of  1899,  and  is  designated  to  include  all 
provisions  relating  to  education  at  present  in  force  which  make  the 
laws  governing  the  complete  school  system  of  the  state.  It  embraces 
the  laws  pertaining  to  the  public  schools,  the  state  educational  insti- 
tutions, and  the  lands  appropriated  to  the  use  of  the  public  schools 
and  the  state  educational  institutions. 

The  compilation  contains  all  general  laws  in  full  as  appear  in  the 
code,  amended  or  extended  by  the  legislative  assemblies  of  1901, 
1903  and  1905.  Special  acts  are  referred  to  by  title  only. 

Special  laws,  designated  by  title  only,  laws  pertaining  to  specula- 
tion in  office  and  to  penalty  for  failure  to  make  reports,  the  filing  of 
bond  of  school  district  treasurer,  bonds  for  labor  and  material  for 
public  buildings  and  the  decisions  of  the  supreme  court  of  the  terri- 
tory of  Dakota  and  of  the  state  of  North  Dakota  pertaining  to  school 
mMters  are  to  be  found  in  :he  appendices. 

A calendar  will  also  be  found  in  the  appendices  which  may  be  of 
assistance  to  school  officers  in  the  timely  discharge  of  their  duties. 

' W.  L.  STOCKWELL, 
Superintendent  of  Public  Instruction. 

Bismarck,  N.  D.,  June  1,  1905. 


CONGRESSIONAL  ENACTMENT 


ORGANIC  LAW 

NARCOTICS. 

Section  75.  The  nature  of  alcoholic  drinks  and  narcotics,  and  spe- 
cial instruction  as  to  their  effects  upon  the  human  system,  in  connec- 
tion with  the  several  divisions  of  the  subject  of  physiology  and  hy- 
giene, shall  be  included  in  the  branches  of  study  taught  in  the  com- 
mon or  public  schools,  and  in  the  military  and  naval  schools,  and 
shall  be  studied  and  taught  as  thoroughly  and  in  the  same  manner  as 
other  like  required  branches  are  in  said  schools,  by  the  use  of  text 
books  in  the  hands  of  pupils  where  other  branches  are  thus  studied 
in  said  schools,  and  by  all  pupils  in  all  said  schools  throughout  the 
territories  in  the  military  and  naval  academies  of  the  United  States 
and  in  the  District  of  Columbia  and  in  all  Indian  and  colored  schools 
in  the  territories  of  the  United  States. 

Sec.  76.  It  shall  be  the  duty  of  the  proper  officers  in  control  of 
any  school  described  in  the  foregoing  section  to  enforce  the  pro- 
visions of  this  act ; and  any  such  officer,  school  director,  committee, 
superintendent  or  teacher  who  shall  refuse  or  neglect  to  comply  with 
the  requirements  of  this  act  or  shall  neglect  or  fail  to  make  proper 
provisions  for  the  instruction  required  and  in  the  manner  specified  by 
the  first  section  of  this  act,  for  all  the  pupils  in  each  and  every  school 
under  his  jurisdiction,  shall  be  removed  from  office  and  the  vacancy 
filled  as  in  other  cases. 

Sec.  77.  No  certificate  shall  be  granted  to  any  person  to  teach  in 
the  public  schools  of  the  District  of  Columbia  or  territories,  after  the 
first  day  of  January,  anno  Domini  eighteen  hundred  and  eighty-eight, 
who  has  not  passed  a satisfactory  examination  in  physiology  and  hy- 
giene, with  special  reference  to  the  nature  and  effects  of  alcoholic 
drinks  and  other  narcotics  upon  the  human  system. 

Act  of  congress  approved  May  20,  1886,  (See,  also,  sections  648  and 
750,  post.) 

RESERVATION  OF  SCHOOL  LANDS. 

Sec.  88.  Sections  numbered  sixteen  and  thirty-six  in  each  town- 
ship of  the  territories  of  * * Dakota  * * * shall  be  re- 

served for  the  purpose  of  being  applied  to  schools  in  the  several 
territories  herein  named,  and  in  the  states  and  territories  hereafter 
to  be  erected  out  of  the  same. 

§1846  R.  S.  U.  S.,  1874,  approved  March  2,  1861.  (See,  also,  Enabling 
Act,  section  10,  post.) 


8 


GENERAL  SCHOOL  LAWS 


ENABLING  ACT. 

(Approved  February  22,  1889.)  ^ 

Sec.  4.  {Providing  for  the  Constitutional  C onventions  for  North 
Dakota,  South  Dakota,  Montana  and  Washington.  And  said  con-.- 
vention  shall  provide  by  ordinances  irrevocable  without  the  consent 
of  the  United  States  and  the  people  of  said  states  : 

Fourth.  That  provision  shall  be  made  for  the  establishment  and 
maintenance  of  systems  of  public  schools,  which  shall  be  open  to  all 
children  of  said  states,  and  free  from  sectarian  control. 

Sec.  10.  That  upon  the  admission  of  each  of  said  states  into  the 
union,  sections  numbered  sixteen  and  thirty-six  in  every  township 
of  said  proposed  states,  and  where  such  sections  or  any  parts  thereof 
have  been  sold  or  otherwise  disposed  of  by  or  under  the  authority 
of  any  act  of  congress,  other  lands  equivalent  tliereto,  in  legal  subdivi- 
sions of  not  less  than  one-quarter  section  * * are  hereby 

granted  to  said  states  for  the  support  of  common  schools.  * * * 

Sec.  11.  That  all  lands  herein  granted  for  educational  purposes 
shall  be  disposed  of  only  at  public  sale,  and  at  a price  not  less  than 
$10  per  acre,  the  proceeds  to  constitute  a permanent  school  fund,  the 
interest  of  which  only  shall  be  expended  in,  the  support  of  said 
schools.  But  said  lands  may,  under  such  regulations  as  the  legislature 
shall  prescribe,  be  leased  for  periods  of  not  more  than  five  years,  in 
quantities  not  exceeding  one  section  to  any  one  person  or  company, 
and  such  land  shall  not  be  subject  to  pre-emption,  homestead  entry, 
or  any  other  entry  under  the  land  laws  of  the  United  States,  whether 
surveyed  or  unsurveyed,  but  shall  be  reserved  for  school  purposes 
only. 

Sec.  13.  That  five  per  centum  of  the  proceeds  of  the  sales  of  pub- 
lic lands  lying  within  said  states  which  shall  be  sold  by  the  United 
States  subsequent  to  the  admission  of  said  states  into  the  union,  after 
deducting  all  expenses  incident  to  the  same,  which  shall  be  paid  to 
the  said  states,  to  be  used  as  a permanent  fund,  the  interest  of  which 
only  shall  be  expended  for  the  support  of  common  schools  within  said 
states,  respectively. 

Sec.  14.  That  the  lands  granted  to  the  territories  of  Dakota  and 
Montana  by  the  act  of  February  18,  1881,  * * * are  hereby 

vested  in  the  states  of  South  Dakota,  North  Dakota  and  Montana  re- 
spectively, * * * to  the  extent  of  the  full  quantity  of  seventy- 

two  sections  to  each  of  said  states,  * * but  said  act  of  Febru- 

ary 18,  1881,  shall  be  so  amended  as  to  provide  that  none  of  said 
lands  shall  be  sold  for  less  than  $10  per  acre,  and  the  proceeds  shall 
constitute  a permanent  fund  to  be  safely  invested  and  held  by  said 
states  severally,  and  the  income  thereof  be  used  exclusively  for  uni- 
versity purposes.  * * * None  of  the  lands  granted  in  this  sec- 

tion shall  be  sold  at  less  than  $10  per  acre ; but  said  lands  may  be 
leased  in  the  same  manner  as  provided  in  section  11  of  this  act.  The 


STATE  OF  NORTH  DAKOTA 


9 


schools,  colleges  and  universities  provided  for  in  this  act  shall  for- 
ever remain  under  the  exclusive  control  of  the  said  states,  respec- 
tively, and  no  part  of  the  proceeds  arising  from  the  sale  or  disposal 
of  any  lands  herein  granted  for  educational  purposes  shall  be  used 
for  the  support  of  anv  sectarian  or  denominational  school,  college,  or 
university.  ^ * 

Sec.  16.  That  90,000  acres  of  land,  to  be  selected  and  located  as 
provided  in  section  10  of  this  act,  are  hereb}^  granted  to  each  of  said 
states,  except  to  the  state  of  South  Dakota,  to  which  120,000  acres 
are  granted,  for  the  use  and  support  of  agricultural  colleges  in  said 
states,  as  provided  in  the  acts  of  congress  making  donations  of  lands 
for  such  purpose. 

Sec.  17.  That  in  lieu  of  the  grant  of  land  for  purposes  of  internal 
improvement  made  to  new  states  by  the  eighth  section  of  the  act  of 
September  4,  1841,  which  act  is  hereby  repealed  as  to  the  states  pro- 
vided for  by  this  act,  and  in  lieu  of  any  claim  or  demand  by  the  said 
states,  or  either  of  them,  under  the  act  of  September  28,  1850,  and 
section  2479  of  the  revised  statutes,  making  a grant  of  swamp  and 
overflowed  lands  to  certain  ctates,  which  grant  it  is  hereby  declared  is 
not  extended  to  the  states  provided  for  in  this  act,  and  in  lieu  of  any 
grant  of  saline  lands  to  said  states,  the  following  grants  of  lands  are 
hereby  made,  to-wit : 

To  the  State  of  South  Dakota:  For  the  school  of  mines,  40,000 

acres ; for  the  reform  school,  40,000  acres ; for  the  deaf  and  dumb 
asylum,  40,000  acres  ; for  the  agricultural  college,  40,000  acres  ; for 
the  universitv.  40,000  acres ; for  state  normal  schools,  80,000  acres : 
for  public  buildings  at  the  capital  of  state,  50,000  acres,  and  for 
such  other  educational  and  charitable  purposes  as  the  legislature  of 
said  state  may  determine,  170,000  acres ; in  all  500,000  acres. 

To  the  State  of  North  Dakota  a like  quantity  of  land  as  , is  in  this 
section  granted  to  the  state  of  South  Dakota  and  to  be  for  like  pur- 
poses, and  in  like  proportion  as  far  as  practicable. 


CONSTITUTIONAL  PROVISIONS 


[Adopted  October  1,  1889.] 


PREAMBLE. 

We,  the  people  of  North  Dakota,  grateful  to  Almighty  God  for 
the  blessings  of  civil  and  religious  liberty,  do  ordain  and  establish 
this  Constitution. 

ARTICLE  II. 

THE  LEGISLATIVE  DEPARTMENT. 

Sec.  69.  The  legislative  assembly  shall  not  pass  local  or  special 
laws  in  any  of  the  following  enumerated  cases,  that, is  to  say: 

12.  Providing  for  the  management  of  common  schools. 
ARTICLE  III. 

EXECUTIVE  DEPARTMENT. 

Sec.  82.  There  shall  be  chosen  by  the  qualified  electors  of  the  state 
at  the  time  and  places  of  choosing  members  of  the  legislative  assem- 
bly a * * * superintendent  of  public  instruction  ^ ^ ^ 

who  shall  have  attained  the  age  of  twenty-five  years,  shall  be  a citizen 
of  the  United  States,  and  shall  have  the  qualifications  of  state  electors. 
They  shall  severally  hold  their  offices  at  the  seat  of  government  for 
the  term  of  two  vears  and  until  their  successors  are  elected  and  duly 
qualified. 

sf'  ^ ,<c  ^ V 

Sec.  83.  The  powers  and  duties  of  the  * * superin- 
tendent of  public  instruction,  * * shall  be  as  pre- 

scribed by  law. 

Sec.  84.  Until  otherwise  provided  by  law,  the  * * 

superintendent  of  public  instruction,  * shall  each 

receive  an  annual  salary  of  $2,000 ; * * but  the 

salary  of  any  of  said  officers  shall  not  be  increased  or  diminished  dur- 
ing the  period  for  which  they  shall  have  been  elected,  and  all  fees  and 
profits  arising  from  any  of  the  said  offices  shall  be  covered  into  the 
state  treasury. 


STATE  OF  NORTH  DAKOTA 


11 


ARTICLE  V. 

ELECTIVE  FRANCHISE, 

Sec.  121.  {Amended.)  Every  male  person  of  the  age  of  twenty- 
one  years, or  upwards  belonging  to  either  of  the  following  classes, 
who  shall  have  resided  in  the  state  one  year,  and  in  the  county  six 
months,  and  in  the  precinct  ninety  days  next  preceding  any  election, 
shall  be  deemed  a qualified  elector  at  such  election : 

First — Citizens  of  the  United  States. 

Second — Civilized  persons  of  Indian  descent  who  shall  have  sev- 
ered their  tribal  relations  two  years  next  preceding  such  election. 
{See  sec.  480  Revised  Codes,  also  State  v.  Denoyer,  6 N.  D.  586.) 

Sec.  123.  Electors  shall  in  all  cases  except  treason,  felony,  breach 
of  the  peace  or  illegal  voting,  be  privileged  from  arrest  on  the  days 
of  election  during  their  attendance  at,  going  to  and  returning  from 
such  election,  and  no  elector  shall  be  obliged  to  perform  military  duty 
on  the  dav  of  election  except  in  time  of  war  or  public  danger. 

Sec.  125.  No  elector  shall  be  deemed  to  have  lost  his  residence  in 
this,  state  by  reason  of  his  absence  on  business  of  the  United  States 
or  of  this  state,  or  in  the  military  or  naval  service  of  the  United 
States. 

Sec.  126.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of 
the  United  States  shall  be  deemed  a resident  of  this  state  in  conse- 
quence of  his  being  stationed  therein. 

Sec.  127.  {Amended.)  No  person  who  is  under  guardianship, 
non  compos  mentis  or  insane,  shall  be  qualified  to  vote  at  any  elec- 
tion ; nor  shall  any  person  convicted  of  treason  or  felony,  unless  re- 
stored to  civil  rights  ; and  the  legislature  shall  by  law  establish  an  edu- 
cational test  as  a qualification,  and  may  prescribe  penalties  for  failing, 
neglecting  or  refusing  to  vote  at  any  general  election. 

Sec.  128.  Any  woman  having  qualifications  enumerated  in  section 
121  of  this  article  as  to  age,  residence  and  citizenship,  and  including 
those  now  qualified  by  the  laws  of  the  territory,  may  vote  for  all 
school  officers,  and  upon  all  questions  pertaining  solely  to  school  mat- 
ters, and  be  eligible  to  any  school  office. 

Sec.  129.  All  elections  by  the  people  shall  be  by  secret  ballot  sub- 
ject to  such  regulations  as  shall  be  provided  by  law. 

ARTICLE  Vin. 

EDUCATION. 

Sec.  147.  A high  degree  of  intelligence,  patriotism,  integrity  and 
morality  on  the  part  of  everv  voter  in  a government  bv  the  people 
being  necessary  in  order  to  insure  the  continuance  of  that  govern- 
ment and  the  prosperity  and  happiness  of  the  people,  the  legislative 
assemblv  shall  make  provisi  :>n  for  the  establishment  and  maintenance 
of  a system  of  public  schools  which  shall  be  open  to  all  children  of 


12 


GENERAL  SCHOOL  LAWS 


the  state  of  North  Dakota  and  free  from  sectarian  control.  The  leg- 
islative requirements  shall  be  irrevocable  without  the  consent  of  the 
United  States  and  the  people  of  North  Dakota.  (See  Laws  igoi, 
c.  p8,  sec  I,  post.) 

Sec.  148.  The  legislative  assembl}^  shall  provide  at  its  first  session 
after  the  adoption  of  this  Constitution  for  a uniform  system  of  free 
public  schools  throughout  the  state ; beginning  with  the  primary  and 
extending  through  ail  grades  up  to  and  including  the  normal  and  col- 
legiate course. 

Sec.  149.  In  all  schools  instruction  shall  be  given  as  far  as  prac- 
ticable in  those  branches  of  knowledge  that  tend  to  impress  upon 
the  mind  the  vital  importance  of  truthfulness,  temperance,  purity, 
public  spirit,  and  respect  for  honest  labor  of  every  kind. 

Sec.  150.  A superintendent  of  schools  for  each  county  shall  be 
elected  every  two  years,  whose  qualifications,  duties,  powers  and  com- 
pensation shall  be  fixed  by  law. 

Sec.  151.  The  legislative  assembly  shall  take  such  other  steps  as 
may  be  necessary  to  prevent  illiteracv,  secure  a reasonable  degree  of 
uniformity  in  course  of  studv  and  to  promote  industrial,  scientific 
and  agricultural  improvement 

Sec.  152.  All  colleges,  universities  and  other  educational  institu- 
tions, for  the  support  of  which  lands  have  been  granted  to  this  state, 
or  which  are  supported  by  a public  tax,  shall  remain  under  the  abso- 
lute and  exclusive  control  of  the  state.  No  money  raised  for  the  sup- 
port of  the  public  schools  of  the  state  shall  be  appropriated  to  or  used 
for  the  support  of  any  sectarian  school. 

ARTICLE  IX. 

SCHOOL  AND  PUBLIC  LANDS. 

Sec.  153.  All  proceeds  of  the  public  lands  that  have  heretofore 
been  or  may  hereafter  be  granted  by  the  Lhiited  States  for  the  sup- 
port of  the  common  schools  in  this  state ; all  such  per  centum  as  may 
be  granted  the  United  States  on  the  sale  of  public  lands;  the 
proceeds  of  property  that  shall  fall  to  the  state  by  escheat;  the 
proceeds  of  all  gifts  and  donations  to  the  state  for  common  schools, 
or  not  otherwise  appropriated  by  the  terms  of  the  gift,  and  all  other 
property  otherwise  acquired  for  common  schools,  shall  be  and  re- 
main a perpetual  fund  for  the  maintenance  of  the  common  schools 
of  the  state.  It  shall  be  deemed  a trust  fund,  the  principal  of  which 
shall  forever  remain  inviolate,  and  may  be  increased  but  never 
diminished.  The  state  shall  make  good  all  losses  thereof.  (See  sec. 
164.) 

Sec.  154.  The  interest  and  income  of  this  fund,  together  with 
the  net  proceeds  of  all  fines  for  violation  of  state  laws,  and  all 
other  sums  which  may  be  added  thereto  by  law,  shall  be  faithfullv 
used  and  applied  each  year  for  the  benet^*-  of  the  common  schools 


STATE  OF  NORTH  DAKOTA 


13 


of  the  state,  and  shall  be  for  this  purpose  apportioned  among  and 
between  all  the  several  common  school  corporations  of  the  state 
in  proportion  to  the  number  of  children  in  each  of  school  age,  as 
may  be  fixed  by  law,  and  no  part  of  the  fund  shall-  ever  be  diverted 
even  temporarailv  from  this  purpose,  or  used  for  any  other  purpose 
whatever  than  the  maintenance  of  common  schools  for  the  equal 
benefit  of  all  the  people  of  the  state ; provided,  however,  that  if  any 
portion  of  the  interest  or  income  aforesaid  be  not  expended  during 
the  year,  said  portion  shall  be  added  to  and  become  a part  of  the 
school  fund. 

Sec.  155.  After  one  year  frorfi  the  assembling  of  the  first  leg- 
islative assembly,  the  lands  granted  to  the  state  from  the  United 
States  for  the  support  of  the  common  schools,  may  be  sold  upotl 
the  following  conditions,  and  no  other : No  more  than  one-fourth 

of  all  such  lands  shall  be  sold  within  the  first  five  years  after  the 
same  become  saleable  by  virtue  of  this  section.  No  more  than  one- 
half  of  the  remainder  within  ten  years  after  the  same  become  saleable 
as  aforesaid.  The  residue  may  be  sold  at  any  time  after  the  expira- 
tion of  said  ten  years.  The  legislative  assembly  shall  provide  for  the 
sale  of  all  school  lands  subject  to  the  provisions  of  this  article.  The 
coal  lands  of  the  state  shall  never  be  sold,  but  the  legislative  assembly 
may  by  general  laws  provide  for  leasing  of  the  same ; the  words 
“coal  lands''  shall  include  lands  bearing  lignite  coal. 

Sec.  156.  The  superintendent  of  public  instruction,  governor, 
attorney  general,  secretary  of  state  and  state  auditor  shall  con- 
stitute a board  of  commissioners,  which  shall  be  denominated  the 
“Board  of  University  and  School  Lands,”  and  subject  to  the  pro- 
visions of  this  article  and  any  law  that  may  be  passed  by  the 
legislative  assembly,  said  board  shall  have  control  of  the  appraise- 
ment, sale,  rental  and  disposal  of  all  school  and  university  lands, 
and  shall  direct  the  investment  of  the  funds  arising  therefrom  in 
the  hands  of  the  state  treasurer,  under  the  limitations  in  section 
160  of  this  article. 

Sec.  157.  The  county  superintendent  of  common  schools,  the 
chairman  of  the  county  board  and  the  county  auditor  shall  con- 
stitute boards  of  appraisal,  and  under  the  authority  of  the  state 
board  of  university  and  school  lands  shall  appraise  all  school  lands 
within  their  respective  counties,  which  they  may  from  time  to  time 
recommend  for  sale,  at  their  r^ctual  value,  under  the  prescribed  terms, 
and  shall  first  select  and  designate  for  sale  the  most  valuable  lands. 

Sec.  158.  No  lands  shall  be  sold  for  less  than  the  appraised 
value,  and  in  no  case  for  less  than  ten  dollars  per  acre.  The 
purchaser  shall  pay  one-fifth  of  the  price  in  cash,  and  the  remain- 
ing four-fifths  as  follows : One-fifth  in  five  years,  one-fifth  in  ten 
years,  oiie-fifth  in  fifteen  years  and  one-fifth  in  twenty  years,  with 
interest  at  the  rate  of  not  less  than  six  per  centum,  payable  a?i- 


14 


GENERAL  SCHOOL  LAWS 


nually  in  advance.  All  sales  shall  be  held  at  the  county  seat  for 
the  county  in  which  the  land  to  be  sold  is  situate,  and  shall  be 
at  public  auction,  and  to  the  highest  bidder,  after  sixty  days’ 
advertisement  of  the  same  in  a newspaper  of  general  circulation 
in  the  vicinity  of  the  lands  to  be  sold,  and  one  at  .the  seat  of  gov- 
ernment. Such  lands  as  shall  not  have  been  specially  subdivided 
shall  be  offered  in  tracts  of  one-auarter  section,  and  those  so  sub- 
divided in  the  smallest  sub-divisions.  All  lands  designated  for  sale 
and  not  sold  within  two  years  after  appraisal  shall  be  reappraised 
before  thev  are  sold.  No  grant  or  patent  for  any  such  lands  shall 
issue  until  payment  is  made  for  the  same ; provided,  that  the  lands 
contracted  to  be  sold  by  the  state  shall  be  subject  to  taxation  from 
the  date  of  such  contract.  In  case  the  taxes  assessed  against  any 
of  said  lands  for  any  year  remain  unpaid  until  the  first  Monday 
in  October  of  the  following  year,  then  and  thereupon  the  contract 
for  sale  of  such  lands  shall  become,  null  and  void. 

Sec.  159.  All  lands,  money  or  other  property,  donated,  granted 
or  received  from  the  United  States  or  any  other  source  for  a uni- 
versity, school  of  mines,  reform  school,  agricultural  college,  deaf 
and  dumb  asvlum,  normal  school,  or  other  educational  or  charitable 
institution  or  purpose,  and  the  proceeds  of  all  such  lands  and  other 
property  so  received  from  any  source  shall  be  and  remain  perpetual 
funds,  the  interest  -and  income  of  which  together  with  the  rents 
of  all  such  lands  as  may  remain  unsold,  shall  be  inviolably  appro- 
priated and  applied  to  the  specific  object  of  the  original  grants  or 
gifts.  The  principal  of  every  such  fund  may  be  increased  but  shall 
never  be  diminished,  and  the  interest  and  income  only  shall  be 
used.  Every  such  fund  shall  be  deemed  a trust  fund  held  by  the 
state,  and  the  state  shall  make  good  all  losses  thereof.  (See  Sec. 
164.) 

Sec.  160.  All  lands  mentioned  in  the  preceding  section  shall 
be  appraised  and  sold  in  the  same  manner  and  under  the  same 
limitations  and  subject  to  all  the  conditions  as  to  price  and  sale 
as  provided  above  for  the  appraisal  and  sale  of  lands  for  the  benefit 
of  common  schools ; but  a distinct  and  separate  account  shall  be  kept 
by  the  proper  officers  of  each  of  said  funds ; provided,  that  the 
limitations  as  to  the  time  in  which  school  lands  may  be  sold  shall 
apply  onlv  to  lands  granted  for  the  support  of  common  schools. 

Sec.  161.  The  legislative  assembly  shall  have  authority  to  pro- 
vide by  law  for  the  leasing  of  lands  granted  to  the  state  for  edu- 
cational and  charitable  purposes ; but  no  such  law  shall  authorize 
the  leasing  of  said  lands  for  a longer  period  than  five  years.  Said 
lands  shall  only  be  leased  for  pasturage  and  meadow  purposes  and 
at  a public  auction  after  notice  as  heretofore  provided  in  case  of 
sale ; provided,  that  all  of  said  school  lands  now  under  cultivation 
may  be  leased  at  the  discretion  and  under  the  control  of  the  board 


STATE  OF  NORTH  DAKOTA 


15 


of  university  and  school  lands  for  other  than  pasturage  and  meadow 
purposes  until  sold.  All  rents  shall  be  paid  in  advance. 

Sec.  162.  The  moneys  of  the  permanent  school  fund  and  other 
educational  funds  shall  be  invested  only  in  bonds  of  school  cor- 
porations within  the  state,  bonds  of  the  United  States,  bonds  of 
the  state  of  North  Dakota,  or  in  first  mortgages  on  farm  lands  in  the 
state  not  exceeding  in  amount  one-third  of  the  actual  value  of  any 
subdivision  on  which  the  same  may  be  loaned,  such  value  to  be 
determined  by  the  board  of  appraisers  of  school  lands. 

Sec.  163.  No  law  shall  ever  be  passed  by  the  legislative  assem- 
bly granting  to  any  person,  corporation  or  association  any  privileges 
by  reason  of  the  occupation,  cultivation  or  improvement  of  any 
public  lands  by  said  person,  corporation  or  association  subsequent 
to  the  survey  thereof  by  the  general  government.  No  claim  for 
the  occupation,  cultivation  or  improvement  of  any  public  lands 
shall  ever  be  recognized,  nor  shall  such  occupation,  cultivation  or 
improvement  of  any  public  lands  ever  be  used  to  diminish,  either 
directly  or  indirectly,  the  purchase  price  of  said  lands. 

Sec.  164.  The  legislative  assemby  shall  have  authority  to  pro- 
vide by  law  for  the  sale  or  disposal  of  all  public  lands  that  have 
been  heretofore,  or  may  hereafter  be  granted  by  the  United  States 
to  the  state  for  purposes  other  than  set  forth  and  named  in  sec- 
tions 153  and  159  of  this  article.  And  the  legislative  assembly 
in  providing  for  the  appraisement,  sale,  rental  and  disposal  of 
the  same,  shall  not  be  subject  to  the  provisions  or  limitations  of 
this  article. 

Sec.  165.  The  legislative  assembly  shall  pass  suitable  laws  for 
the  safe-keeping,  transfer  and  disbursement  of  the  state  school 
funds,  and  shall  renuire  all  officers  charged  with  the  same  or  the 
safe-keeping  thereof  to  give  ample  bonds  for  all  moneys  and  funds 
received  by  them,  and  if  any  of  said  officers  shall  convert  to  his  own 
use  in  any  manner  or  form,  or  shall  loan,  with  or  without  interest 
or  shall  deposit  in  his  own  name,  or  otherwise  than  in  the  name  of 
the  state  of  North  Dakota,  or  shall  deposit  in  any  banks  or  with  any 
person  or  persons,  or  exchange  for  other  funds  or  property  any  por- 
tion of  the  school  funds  aforesaid,  or  purposely  allow  any  portion  of 
the  same  to  remain  in  his  own  hands  uninvested  except  in  the  manner 
prescribed  by  law,  every  such  act  shall  constitute  an  embezzlement  of 
so  much  of  the  aforesaid  school  funds  as  shall  be  thus  taken  or  loaned, 
or  deposited,  or  exchanged,  or  withheld,  and  shall  be  a felony ; and 
any  failure  to  pav  over,  produce  or  account  for  the  state  school  funds 
or  any  part  of  the  same  entrusted  to  any  such  officer,  as  by  law  re- 
quired or  demanded,  shall  be  held  and  be  taken  to  be  prima  facie 
evidence  of  such  embezzlement. 


16 


GENERAL  SCHOOL  LAWS 


ARTICLE  XII. 

PUBLIC  DEBT  AND  PUBLIC  WORKS. 

Sec.  183.  The  debt  of  any  county,  township,  town,  school  district 
or  anv  other  nolitical  subdivision,  shall  never  exceed  five  per  centum 
upon  the  assessed  valu^  of  the  taxable  property  therein;  provided, 
that  anv  incorporated  citv  may  by  a two-thirds  vote  increase  such  in- 
debtedness three  per  centum  on  such  assessed  value  beyond  said  five 
per  cent  limit.  In  estimating-  the  indebtedness  which  a city,  county, 
township,  school  district  or  any  other  political  subdivision  may  incur, 
the  entire  amount  of  existing  indebtedness,  whether  contracted  prior 
or  subsequent  to  the  adoption  of  this  constitution  shall  be  included ; 
* * * All  bonds  or  obligations  in  excess  of  the  amount  of 

indebtedness  permitted  by  this  constitution,  given  by  any  city,  county, 
township,  town,  school  district  or  other  political  subdivision,  shall  be 
void. 

Sec.  184.  Any  city,  county,  township,  town,  school  district,  or 
any  other  political  subdivision  incurring  indebtedness  shall,  at  or 
before  the  time  of  so  doing,  provide  for  the  collection  of  an  annual 
tax  sufficient  to  pay  the  interest  and  also  the  principal  thereof  when 
due,  and  all  laws  or  ordinances  providing  for  the  payment  of  the 
interest  or  principal  of  any  debt  shall  be  irrepealable  until  such  debt 
be  paid. 

Sec.  185.  Neither  the  state  nor  anv  county,  city,  township,  town, 
school  district  or  any  other  political  subdivision  shall  loan  or  give 
its  credit  or  make  donations  to  or  in  aid  of  any  individual,  association 
or  corporation,  except  for  necessary  support  of  the  poor,  nor  sub- 
scribe to  or  become  the  owner  of  the  capital  stock  of  any  association 
or  corporation.  * v 

Sec.  186.  * bills,  claims,  accounts 

or  demands  against  the  state,  or  any  county  or  other  political  subdi- 
vision, shall  be  audited,  allowed  or  paid  until  a full  itemized  statement 
in  writing  shall  be  filed  with  the  officer  or  officers  whose  duty  it  may 
be  to  audit  the  same. 

Sec.  187.  * bond  or  evidence  of 

debt  of  anv  county,  or  bond  of  any  township  or  other  political  subdi- 
vision shall  be  valid  unless  the  same  have  endorsed  thereon  a certifi- 
cate signed  by  the  county  auditor,  or  other  officer  authorized  by  law 
to  sign  such  certificate,  stating  that  said  bond,  or  evidence  of  debt, 
is  issued  pursuant  to  law  and  is  within  the  debt  limit. 

ARTICLE  XIX. 

PUBLIC  INSTITUTIONS. 

Sec.  215.  {Amended.)  The  following  public  institutions  of  the 
state  are  permanently  located  at  the  places  hereinafter  named,  each 
to  have  the  lands  specifically  granted  to  it  by  the  United  States  in 
the  act  of  congress  approved  February  22,  1889,  to  be  disposed  of 


STATE  OF  NORTH  DAKOTA 


17 


and  used  in  such  manner  as  the  legislative  assembly  may  prescribe, 
subject  to  the  limitations  provided  in  the  article  on  school  and  public 
lands  contained  in  this  constitution : * * * 

Second.  The  state  university  and  the  school  of  mines  at  the  city 
of  Grand  Forks,  in  the  county  of  Grand  Forks. 

Third.  The  agriculural  college  at  the  city  of  Fargo,  in  the  county 
of  Cass. 

Fourth.  A state  normal  school  at  the  city  of  Valley  City,  in  the 
county  of  Barnes ; and  the  legislative  assembly  in  apportioning^  the 
grant  of  80,000  acres  of  land  for  normal  schools  made  in  the  act  of 
congress  referred  to,  shall  grant  to  the  said  normal  school  at  Valley 
City  aforementioned  50,000  acres,  and  said  lands  are  hereby  appro- 
priated to  said  institution  for  that  purpose. 

*Fifth.  The  school  for  the  deaf  and  dumb  of  North  Dakota  at 

the  city  of  Devils  Lake  in  the  county  of  Ramsey. 

>1;  ^ ^ ^ ^ 

Seventh.  A state  normal  school  at  the  city  of  Mayville  in  the 
county  of  Traill;  and  the  legislative  assembly  in  apportioning  the 
grant  of  land  made  by  congress  in  the  act  aforesaid  for  state  normal 
schools,  shall  assign  30,000  acres  to  the  institution  hereby  located  at 
Mayville,  and  said  lands  are  herebv  appropriated  for  said  pur- 
pose. 

Eighth.  A state  hospital  for  the  insane  at  the  city  of  Jamestown, 
in  the  county  of  Stutsman.  And  the  legislative  assembly  shall  ap- 
propriate twenty  thousand  acres  of  the  grant  of  lands  made  by  the 
act  of  congress  aforesaid  for  ‘'other  educational  and  charitable  insti- 
tutions,” to  the  benefit  and  for  the  endowment  of  said  institution, 
and  there  shall  be  located  at  or  near  the  city  of  Grafton,  in  the  county 
of  Walsh,  an  institution  for  the  feeble  minded,  on  the  grounds  pur- 
chased by  the  secretary  of  the  interior  for  a penitentiary  building. 

jjc  ^ ^ 

Sec.  216.  The  following  named  public  institutions  are  hereby  per- 
manently located  as  hereinafter  provided,  each  to  have  so  much  of 
the  remaining  grant  of  170,000  acres  of  land  made  by  the  United 
States  for  “other  educational  and  charitable  institutions,”  as  is  allot- 
ted by  law,  viz. : 

Second.  A blind  asylum,  or  such  other  institution  as  the  legisla- 
tive assembly  may  determine,  at  such  place  in  the  county  of  Pembina 
as  the  qualified  electors  of  said  county  may  determine  at  an  election 
to  be  held  as  prescribed  by  the  legislative  assembly,  with  a grant  of 
30,000  acres. 

Third.  An  industrial  school  and  school  for  manual  training,  or 
such  other  educational  or  charitable  institution  as  the  legislative 
assembly  may  provide,  at  the  town  of  Ellendale,  in  the  county  of 
Dickey,  with  a grant  of  40,000  acres. 

* Amended  1905. 


School  Laws— 2 


18 


GENERAL  SCHOOL  LAWS 


Fourth.  A school  of  forestry,  or  such  other  institution  as  the 
legislative  assembly  may  determine,  at  such  place  in  one  of  the  coun- 
ties of  McHenry,  Ward,  Bottineau  or  Rolette  as  the  electors  of  said 
counties  mav  deterrdine  by  an  election  for  that  purpose,  to  be  held 
as  provided  by  the  legislativ^e  assembly. 

Fifth.  A scientific  school,  or  such  other  educational  or  charitable 
institution  as  the  legislative  assembly  may  prescribe,  at  the  city  of 
Wahpeton,  county  of  Richland,  with  a grant  of  40,000  acres ; pro- 
vided, that  no  other  institution  of  a character  similar  to  any  one  of 
those  located  by  this  article  shall  be  established  or  maintained  with- 
out a revision  of  this  constitution. 


GENERAL  SCHOOL  LAWS 

OF  THE 

STATK  OF  NORTH  DAKOTA 

FROM  THE  REVISED  CODES  OF  1899  AND 
LAWS  OF  1901,  1903  AND  1905 


FREE  PUBLIC  SCHOOLS 
{Chapter  g8,  Laws  of  ipoi.) 

Section  1.  The  state  university  and  school  of  mines 
at  Grand  Forks,  the  agricultural  college  at  Fargo,  the 
state  normal  schools  at  Valley  City  and  Mayville,  the 
deaf  and  dumb  asylum  at  Devils  Lake,  the  industrial 
school  and  school  of  manual  training  at  Ellendale,  a 
scientific  school  at  Wahpeton,  the  school  of  forestry 
at  Bottineau,  and  all  other  schools  heretofore  estab- 
lished by  law  and  maintained  by  taxation  constitute  the 
system  of  free  public  schools  of  the  state.  (See  sec. 
I4p,  Const.) 

CHAPTER  9,  POLITICAL  CODE. 

Article  1. — Superintendent  of  Public  Instruc- 
tion. 

Sec.  622.  QUALIFICATIONS  OF,  TERM  OF 
OFFICE. — There  shall  be  elected  by  the  qualified  elect- 
ors of  the  state  at  the  time  of  choosing  members  of  the 
legislative  assembly  a superintendent  of  public  instruc- 
tion, who  shall  have  attained  the  age  of  twenty-five 
years,  and  who  shall  have  the  qualifications  of  an 
elector  for  that  office  and  the  holder  .of  a stdte  certifi- 
cate of  the  highest  grade,  issued  in  some  state,  or  a 
graduate  of  some  reputable  university,  college  or 
normal  school.  He  shall  hold  his  office  at  the  seat  of 
government  for  the  term  of  two  years  commencing  on 
the  first  Monday  in  January  following  his  election  and 
until  his  successor  is  elected  and  qualified. 

' Sec.  623.  TO  PRESERVE  MISCELLANEOUS 
DOCUMENTS. — Fle  shall  preserve  in  his  office  all 
books,  maps,  charts,  works  on  education,  school  reports 


Public  school 
system—  How 
constituted 


Election. 


Qualifications. 


Term  2 years. 


20 


GENERAL  SCHOOL  LAWS 


Records  pre- 
served. 


Powers. 


Blanks,  etc. 


List  of  books. 


Traveling 

libraries. 


Appropriation. 


Teachers’  ex- 
amination. 


Revoke  certifi- 
cates. 


Course  of 
study. 


and  school  laws  of  other  states  and  cities,  plans  for 
school  buildings  and  other  articles  of  educational  inter- 
est and ‘value  which  mav  come  into  his  possession  as 
such  officer,  and  at  the  expiration  of  his  term  he  shall 
deliver  them  together  with  the  reports,  statements,  rec- 
ords and  archives  of  his  office  to  his  successor. 

Sec.  624.  SUPERVISION  OF  SCHOOLS.— He 
shall  have  the  general  supervision  of  the  public 
schools  of  the  state  and  shall  be  ex-officio  member  of 
the  board  of  university  and  school  lands  and  of  the 
normal  school  boards  of  the  state. 

Sec.  625.  TO  FURNISH  SCHOOL  SUPPLIES, 
BLANKS,  ETC,  AND  TO  ESTABLISH  CIRCU- 
LATING LIBRARIES. — He  shall  prepare,  cause  to 
be  printed  and  furnish  to  the  proper  officers  or  persons 
all  district  clerks’  record  books  and  warrant  books, 
school  treasurers’  record  books,  school  registers,  re- 
ports, statements,  notices  and  returns  needed  or  re- 
quired to  be  used  in  the  schools  or  by  the  school  officers 
of  the  state.  He  shall  prepare  and  furnish  to  school 
officers,  through  the  county  superintendents,  lists  of 
publications  approved  by  him  as  suitable  for  district 
libraries ; such  lists  shall  contain  also  the  lowest  price 
at  which  each  publication  can  be  purchased  and  such 
other  information  relative  to  the  purchase  of  district 
libraries  as  he  may  deem  requisite.  He  shall  also  select 
and  purchase  books  suitable  for  district  libraries,  and 
cause  the  sarnie  to  be  circulated  as  traveling  libraries 
under  such  rules  and  regulations  as  he  may  prescribe. 
And  for  the  purpose  of  selecting  and  purchasing  such 
books  there  is  herebv  appropriated  the  sum  of  seven 
hundred  and  fifty  dollars  annually,  to  be  paid  by  war- 
rant of  the  state  auditor  on  the  state  treasurer,  upon 
the  presentation,  of  itemized  bills  in  due  form,  duly  ap- 
proved by  the  superintendent  of  public  instruction. 
{See  sec,  6p4,  post.) 

Sec.  626.  EXAMINATIONS  AND  TEACHERS’ 
CERTIFICATES. — He  shall  prepare  or  cause  to  be 
prepared  all  questions  to  be  used  in  the  examination  of 
applicants  for  teachers’  certificates,  prescribe  the  rules 
and  regulations  for  conducting  such  examinations  and 
issue  or  revoke  state,  certificates  as  provided  in  this 
chapter. 

Sec.  627.  PRESCRIBE  COURSE  OF  STUDY.— 
He  shall  prepare  and  prescribe  a course  of  study  for  ali 
the  public  and  normal  schools  of  the  state  and  the 


STATE  OF  NORTH  DAKOTA 


21 


course  of  study,  training  and  practice  of  the  profes- 
sional departrnent  of  schools,  designated  and  supported 
wholly  or  in  part  bv  the  state. 

Sec.  628.  RULES  FOR  TEACHERS’  INSTI- 
TUTES.—He  shall  prescribe  rules  and  regulations  for 
the  holding  of  teachers’  institutes  and  teachers’  train- 
ing schools,  and  after  counseling  and  advising  with 
county  superintendent,  shall  appoint  conductors  there- 
for. He  shall  prescribe  the  course  of  instruction  for 
teachers’  institutes  and  for  teachers’  training  schools, 
and  the  course  of  reading  for  the  teachers’  reading  cir- 
cles within  the  state. 

Sec.  629.  ADVISE  COUNTY  SUPERINTEND- 
ENTS.— He  shall  counsel  with  and  advise  county  su- 
perintendents upon  all  matters  involving  the  welfare 
of  schools  and  he  shall,  when  requested,  give  them  writ- 
ten answers  to  all  questions  concerning  the  school  law. 
He  shall  decide  all  appeals  from  the  decision  of  the 
county  superintendents,  and  may  for  such  decisions 
require  affidavits,  verified  statements  or  sworn  testi- 
mony as  to  the  facts  in  issue.  He  shall  prescribe  and 
cause  to  be  enforced  rules  of  practice  and  regulations 
pertaining  to  the  hearing  and  determination  of  ap- 
peals, and  necessary  for  carrying  intO'  effect  the  school 
laws  of  the  state. 

Sec.  630.  RECORD  OF  OFFICIAL  ACTS  — He 
shall  keep  a complete  record  of  all  his  official  acts  and 
shall  file  in  his  office  all  appeals  and  the  papers  pertain- 
ing thereto. 

Sec.  631.— SCHOOL  LAWS  TO  BE  PRINTED. 
— He  shall  at  least  once  in  two  years  cause  to  be  printed 
the  school  laws  of  the  state,  with  such  notes  and  de- 
cisions thereon  as  may  seem  to  him  advisable,  and  shall 
furnish  them  as  they  are  needed  to  the  school  officers 
in  the  state. 

Sec.  632.  CONFERENCE  WITH  COUNTY  SU- 
PERINTENDENTS.— ^He  shall  meet  the  county  su- 
perintendents of  each  judicial  district  or  of  two  or 
more  districts  combined  at  such  time  and  place  as  he 
shall  appoint,  giving  them  due  notice  of  such  meeting. 
The  objects  of  such  meeting  shall  be  to  accumulate 
valuable  facts  relative  to  schools,  to  compare  views, 
to  discuss  principles,  to  hear  discussions,  and  sugges- 
tions relative  to  the  examinations  and  qualifications  of 
teachers,  methods  of  instruction,  text  books,  institutes, 
visitation  of  schools  and  other  matters  relating  to  the 
public  schools. 


Institute  con- 
ductors. 


Course  of 
study. 


Advise  on 
school  laws. 


Decide  ap- 
peais. 


Practice. 


Official  rec- 
ords. 


School  laws 
and  decisions. 


By  Judicial 
districts. 


Objects. 


22 


GENERAL  SCHOOL  LAWS 


Seal. 


Labor  for  wel- 
fare of  public 
schools. 


Report,  when 


Contents: 

Number  of 
schools,  etc. 


Financial. 


Condition  of 
schools. 


General  in- 
formation. 


2000  copies 
printed. 


Distribution. 


Sec.  &83.  SEAL. — He  shall  provide  and  keep  a seal 
by  which  all  his  official  acts  may  be  authenticated. 

Sec.  634.  TO  ASSIST  AT  TEACHERS’  INSTI- 
TUTES.— He  shall  when  practicable,  attend  and  assist 
at  teachers’  institutes  and  aid  and  encourage  generally 
teachers  in  qualifying  themselves  for  the  successful 
discharge  of  their  duties ; he  shall  labor  faithfully  in 
all  practicable  ways  for  the  welfare  of  the  public  schools 
of  the  state,  and  shall  perform  such  other  duties  as 
shall  be  required  of  him  by  law. 

Sec.  635.  BIENNIAL  REPORT,  WHAT  TO 
CONTAIN. — He  shall,  on  or  before  the  first  day  of 
November  preceding  the  biennial  session  of  the  legis- 
lative assembly,  make  and  transmit  to  the  governor  a 
report  showing 

1.  The  number  of  school  districts,  schools,  teachers 
employed  and  pupils  taught  therein  and  the  attendance 
of  puj)ils  and  studies  pursued  by  them. 

2.  The  financial  condition  of  the  schools,  their  re- 
ceipts and  expenditures,  value  of  school  houses  and 
property,  cost  of  tuition  and  wages  of  teachers. 

3.  The  condition,  educational  and  financial,  of  the 
normal  and  higher  institutions  connected  with  the 
school  system  of  the  state  and  as  far  as  it  can  be  ascer- 
tained, of  the  private  schools,  academies  and  colleges 
in  the  state. 

4.  Such  general  matters,  information  and  recom- 
mendations relating  to  the  educational  interests  of  the 
state,  as  he  may  deem  important. 

Sec.  636.  REPORTS  TO  BE  PRINTED— Two 
thousand  copies  of  the  report  of  the  superintendent  of 
public  instruction  sliall  be  printed  biennially  in  the 
month  of  December  preceding  the  session  of  the  legis- 
lative assembly.  One  copy  shall  be  furnished  to  each 
of  the  members  of  the  legislative  assembly,  one  copy  to 
each  county  superintendent  of  the  state,  one  copy  to  the 
president  of  each  school  board,  one  copy  to  each  state 
officer,  one  copy  to  each  state  and  territorial  superin- 
tendent, and  twenty  copies  shall  be  filed  in  the  office  of 
the  superintendent  of  public  instruction  and  ten  copies 
in  the  state  library.  The  remaining  copies  shall  be  dis- 
tributed among  the  various  colleges,  universities  and 
other  libraries  cf  the  United  States. 


STATE  OF  NORTH  DAKOTA 


23 


PUBLICATION  OF  PROCEEDINGS  OF  EDU- 
CATIONAL ASSOCIATION. 

{Section  i,  chap.  8y,  Laws  of  ipo^.)  The  state 
superintendent  of  public  instruction  is  hereby  au- 
thorized and  required  to  publish  annually,  as  public 
matter,  two  thousand  five  hundred  copies  of  the 
proceedings  of  the  North  Dakota  Educational  associa- 
tion, the  same  to  be  distributed  throughout  the  state  by 
the  department  of  public  instruction;  provided,  that 
a copy  of  the  proceedings  of  said  association  shall 
be  filed  by  the  secretary  or  other  officer  of  said  asso- 
ciation with  the  superintendent  of  public  instruc- 
tion, on  or  before  the  first  day  of  February  of  each 
year. 

Sec.  637.  {Amended.)  SALARY,  TRAVELING 
EXPENSES.  — He  shall  receive  an  annual 
salary  of  two  thousand  dollars  and  in 

addition  thereto  his  actual  and  necessary 

traveling  expenses  incurred  in  the  discharge  of  his  offi- 
cial duties,  not  exceeding  one  thousand  dollars  in  any 
one  year,  such  expenses  to  be  paid  monthly  on  the  war- 
rant of  the  state  auditor  upon  his  filing  with  such  au- 
ditor an  itemized  statement  of  such  expenses  properly 
verified. 

Article  2. — County  Superintendent  of  Schools. 

Sec.  638.  ELECTION,  TERM  OE  OEEICE.— 
There  shall  be  elected  in  each  organized  county,  at  the 
same  time  other  county  officers  are  elected,  a county 
superintendent  of  schools,  whose  term  of  office  shall  be 
two  years,  commencing  on  the  first  Monday  in  Janu- 
ary following  his  election,  and  until  his  successor  is 
elected  and  qualified.  Any  voter  residing  in  an  inde- 
pendent school 'district,  organized  under  a special  act, 
having  a board  of  education  and  city  superintendent 
of  schools,  shall  not  be  qualified  to  vote  for  county  su- 
perintendent of  schools. 

Sec.  639.  GENERAL  DUTIES.— The  county  su- 
perintendent of  schools  shall  have  the  general  superin- 
tendence of  the  public  schools  in  his  county,  except 
those  in  cities  which  are  organized  under  special  law 
and  those  in  special  or  independent  school  districts. 

Sec.  640.  VISITATION  OF  SCHOOLS.— He 
shall  visit  each  public  school  under  his  supervision. 
Pie  shall  at  such  visit  carefully  observe  the  condition  of 
the  school,  the  mental  and  moral  instruction  given,  the 
methods  of  teaching  employed  by  the  teacher,  the  teach- 


Publish  pro- 
■^ceedings  of 
Educational 
Association. 


Distribution. 


Salary. 


Traveling  ex- 
penses. 


Election. 


Term— 2 yrs. 


Vote — who 
may  not. 


General  over- 
sight. 


Exception. 


Shall  visit 
schools. 


24 


GENERAL  SCHOOL  LAWS 


Advise  teach- 
ers. 


Keep  records. 


General  duties 


Convene 

teachers. 


Object. 


Teachers  shall 
attend. 


Excused — 
when. 


Keep  official 
records. 

File  reports. 
Seal. 


er’s  ability  and  the  progress  of  the  pupils.  He  shall  ad- 
vise and  direct  the  teacher  in  regard  to  the  instruction, 
classification,  government  and  discipline  of  the  school 
and  the  course  of  study.  He  shall  keep  a record  of 
such  visits  and  by  memoranda  indicate  his  judgment 
of  the  teacher’s  ability  to  teach  and  govern  and  the 
condition  and  progress  of  the  school,  which  shall  be 
open  to  inspection  by  any  school  director. 

Sec.  641.  GENERAL  DUTIES.— He  shall  carry 
into  effect  all  instructions  of  the  superintendent  of  pub- 
lic instruction  given  within  his  authority.  He  shall 
distribute  to  the  proper  officers  and  to  teachers  all 
blanks  furnished  him  by  such  superintendent,  and 
needed  by  such  officers  and  teachers.  Acting  under 
the  instructions  of  the  superintendent  of  public  instruc- 
tion, he  shall,  when  expedient,  convene  the  teachers 
of  his  county  at  least  one  Saturday  in  each  month  dur- 
ing which  the  public  schools  are  in  progress,  or  if  the 
distance  is  too  great  he  may  convene  the  teachers  of 
two  or  more  districts  in  each  of  the  several  portions  of 
his  county  in  cc.unty  or  district  institutes,  or  teachers’ 
circles,  for  noriT'al  instruction  and  the  study  of  methods 
of  teaching,  organizing,  classifying  and  governing 
schools,  and  foi  such  other  instruction  as  may  be  set 
forth  in  the  course  of  reading  prescribed  by  the  super- 
intendent of  public  instruction  for  the  state  teachers’ 
reading  circle.  Each  teacher  shall  attend  the  full  ses- 
sion of  such  institute  or  circle  and  participate  in  the 
duties  and  exercises  thereof  or  forfeit  one  day’s  wages 
for  each  day’s  absence  therefrom,  unless  such  absence 
is  occasioned  by  sickness  of  the  teacher  or  others  to 
whom  his  attention  is  due ; but  when,  on  account  of  dis- 
tance or  otherwise,  it  would  impose  a hardship  upon 
anv  teacher  to  attend,  or  would  cause  such  teacher  to 
neglect  his  school,  the  countv  superintendent  may  ex- 
cuse such  teacher  from  attendance. 

Sec.  642.  RECORD  OF  OFFICIAL  ACTS.— He 
shall  keep  a record  of  all  his  official  acts,  and  shall  pre- 
serve all  books,  maps,  charts  and  apparatus  sent  him  as 
a school  officer,  or  belonging  to  his  office.  He  shall 
file  all  reports  and  statements  from  teachers  and  school 
boards  and  shall  turn  them  over  to  his  successor  in 
office.  He  shall  be  provided  with  a seal  by  which  his 
official  acts  may  be  authenticated. 

Sec.  643.  (^Amended.)  Chap.  86,  Laws  ipoj 
MEETINGS  WITH  SCHOOL  OFFICERS.— He 
may  arrange  for  meetings  with  school  officers  at  desig- 


STATE  OF  NORTH  DAKOTA 


25 


nated  times  aad  places,  due  notice  of  which  has  been 
given,  for  the  purpose  of  inspecting  the  district  records 
and  instructing  in  the  manner  of  keeping  the  same, 
and  of  preparing  the  reports  of  district  officers.  He 
shall  visit  the  officers  of  the  several  school  districts  as 
often  as  mav  be  necessary  to  secure  the  correct  keep- 
ing of  the  records.  He  shall,  on  or  before  the  first 
day  of  April  of  each  year,  prepare  and  furnish  to  the 
several  assessors  of  the  countv  a correct  sectional  map 
of  their  respective  districts,  shov/ing  the  boundaries 
and  names  or  numbers  of  all  school  districts  therein . 
provided,  also,  that  in  counties  having  the  district  sys- 
tem, he  may  convene  the  presidents  and  clerks  of  school 
boards  in  his  county,  and  in  counties  having  the  town- 
ship svstem,  he  may  convene  the  members  and  clerks 
of  the  school  boards  in  his  county,  or  such  representa- 
tives of  the  school  officers  of  each  district  as  the  presi- 
dent or  members  of  the  school  boards  may  appoint,  in 
case  he  or  they  cannot  attend  personally,  for  the  pur- 
pose of  discussing  plans  and  methods  for  the  improve- 
ment and  general  care  of  the  schools ; provided,  fur- 
ther, that  such  general  meeting  shall  not  occur  more 
than  once  in  each  year. 

Sec.  644.  TO  DECIDE  QUESTIONS  IN  CON- 
TROVERSY.— He  shall  decide  all  matters  in  contro- 
versy arising  in  his  county  in  the  administration  of  the 
school  law  or  appealed  to  him  from  the  decisions  of 
school  officers  or  boards.  An  appeal  may  be  taken 
from  his  decision  to  the  superintendent  of  public  in- 
struction, in  which  case  a full  written  statement  of  the 
facts,  together  with  the  testimony  and  his  decision  in 
the  case  shall  be  certified  to  the  superintendent  of  pub- 
lic instruction  for  his  decision  in  the  matter,  which  de- 
cision shall  be  final,  subject  to  adjudication  or  the 
proper  legal  remedies  in  the  courts. 

Sec.  645.  POWER  TO  ADMINISTER  OATHS. 
— He  shall  have  power  to  administer  oaths  of  office  to 
all  subordinate  school  officers,  and  to  witnesses  and  to 
examine  them  under  oath  in  all  controversies  pending 
before  him  arising  in  the  administration  of  the  school 
laws ; but  he  shall  not  receive  pay  for  administering 
such  oaths. 

Sec.  646.  INSTITUTE  FUND,  HOW  RAISED 
AND  USED. — All  funds  received  by  him  for  the  ex- 
amination of  teachers  shall  be  turned  over  to  the 
county  treasurer,  who  shall  keep  the  same  as  a special 


Instruct  offi- 
cers in  record 
keeping. 


Furnish  as- 
sessors with 
plats. 


Meet  officers 
to  discuss 
general  wel- 
fare of  schools 


Decides  ques- 
tions of  school 
law. 


Appeal  to  the 
state ' superin- 
tendent— How 
taken. 


May  adminis- 
ter oaths  in 
school  matters 


Institute  fund 


26 


GENERAL  SCHOOL  LAWS 


Use  of. 


Apportion 
state  funds. 


May  revoke 
teacher’s  cer- 
tificates— 
when. 


Annual  report 


Salary  with- 
held. 


Appraise 

school 

lands. 


fund  to  be  known  as  the  ‘‘Institute  Fund,”  and  which 
shall  be  used  only  for  the  expenses  of  holding  county 
teachers’  institutes,  or  supporting  teachers’  training 
schools,  to  be  paid  out  upon  proper  warrants  issued 
by  the  county  auditor  upon  the  sworn  and  itemized 
voucher  of  the  county  superintendent. 

Sec..  647.  APPORTIONMENT  OF  STATE  TUI- 
TION FUND. — He  shall  make  apportionment  of  the 
state  tuition  fund  among  the  school  corporations  of  the 
county,  as  provided  in  this  chapter. 

Sec.  648.  (Amended.)  TEACHER’S  CERTIFI- 
CATE MAY  BE  REVOKED,  WHEN.— He  shall 
see  to  it  that  the  pupils  are  instructed  in  the  several 
branches  of  study  required  by  law  to  be  taught  in 
the  schools,  as  far  as  they  are  qualified  to  pursue  them. 
If  any  teacher  neglects  or  refuses  to  give  instruction 
as  required  by  law  in  physiology  and  hygiene  and  the 
nature  and  efifect  of  alcoholic  drinks  and  other  nar- 
cotics, the  county  superintendent  shall  promptly  re- 
voke such  teacher’s  certificate  and  cause  him  to  be 
discharged.  If  the  teacher  so  neglecting  or  refusing 
to  give  instruction  in  said  branches  holds  a state  cer- 
tificate the  county  superintendent  shall  immediately 
certify  such  refusal  or  neglect  to  the  state  superin- 
tendent of  public  instruction.  (See  organic  laio, 
ante.) 

Sec.  649.  REPORT  TO  STATE  SUPERIN- 
TENDENT.— He  shall,  on  or  before  the  fifteenth  day 
of  September  in  each  year,  make  and  transmit  a report 
to  the  superintendent  of  public  instruction,  containing 
such  statistics,  items  and  statements  relative  to  the 
schools  of  the  county,  as  may  be  required  by  such  super- 
intendent. Such  report  shall  be  made  upon  and  con- 
form to  the  blanks  furnished  by  the  superintendent  of 
public  instruction  for  that  purpose.  He  shah  not  be 
paid  his  salary  for  the  last  quarter  of  his  official  year 
until  he  presents  to  the  county  commissioners  the  re- 
ceipts of  the  superintendent  of  public  instruction  for 
such  annual  report. 

Sec.  650.  APPRAISEMENT  OF  SCHOOL 
LANDS.  FEES. — He  shall  perform  such  duties  as 
appraiser  of  the  school  lands  in  his  county,  and  also 
in  the  leasing  and  sale  of  such  lands,  as  may  be  re- 
quired of  him  by  the  Board  of  University  and  School 
Lands.  He  shall  be  paid  for  such  services  three  dol- 
lars a day  for  the  time  actually  employed  therein  and 


STATE  OF  NOR1TI  DAKOTA 


27 


five  cents  a mile  for  the  distance  actually  and  neces- 
sarily traveled  in  the  discharge  of  such  duties,  to  be 
paid  by  the  state  treasurer  out  of  the  funds  appro- 
priated for  the  current  expenses  of  the  board  of  uni- 
versity and  school  lands. 

Sec.  651.  OFFICE,  POSTAGE  AND  STATION- 
ERY.— He  may  provide  for  himself  a suitable  office 
for  the  transaction  of 'official  business  when  not  pro- 
vided therewith  bv  the  county  commissioners,  and  such 
commissioners  shall  audit  and  pay  his  reasonable  ac- 
counts for  the  usd  and  furniture  of  such  office.  They 
shall  also  furnish  him  with  all  necessary  books,  station- 
erv  and  postage. 

Sec.  652.  (Amended.)  SALARY.  DEPUTY. 
TRAVELING  EXPENSES.— The  salary  of  Jhe 
county  superintendent  of  schools  shall  be  as  follows : 
In  each  county  having  one  school  and  not  over  five, 
one  hundred  and  fifty  dollars;  six  schools*and  not  over 
ten,  three  hundred  dollars ; eleven  schools  and  not 
over  fifteen,  four  hundred  dollars ; sixteen  schools  and 
not  over  twenty,  five  hundred  dollars ; twenty-one 
schools  and  not  over  twenty-five,  six  hundred  dollars  ; 
twenty-six  schools  and  not  over  thirty,  seven  hundred 
dollars ; thirty-one  schools  and  not  over  thirty-five, 
eight  hundred  dollars  ; thirty-six  schools  and  not  over 
forty,  nine  hundred  dollars ; forty-one  schools  and 
not  over  fifty,  one  thousand  dollars,  and  for  each  ad- 
ditional school,  ten  dollars  additional ; provided,  that 
in  computing  the  salary  of  such  superintendent  no 
school  shall  be  included  unless  the  same  shall  have 
been  taught  at  least  four  months  during  the  preced- 
ing school  year ; provided,  further,  such  salary  shall 
not  exceed  one  thousand  five  hundred  dollars  in  any 
county  where  the  number  of  schools  does  not  exceed 
one  hundred  thirty,  and  in  counties  where  the  num- 
ber of  schools  exceeds  one  hundred  thirty,  the  county 
superintendent  shall  be  allowed  in-  computing  such 
salary,  five  dollars  additional  for  each  school  above 
one  hundred  thirty;  provided,  always,  that  such  sal- 
ary shall  in  no  case  exceed  two  thousand  dollars. 
In  addition  thereto  he  shall  receive  ten  cents  a m’le 
for  the  distance  actually  and  necessarily  traveled  oy 
him  in  the  discharge  of  his  duties.  He  shall,  at  the 
end  of  every  three  months,  make  and  furnish  to  the 
county  commissioners  an  itemized  statement,  sub- 
scribed and  sworn  to,  of  the  distance  so  'traveled  in 
the  discharge  of  his  duties,  which  shall  be  audited  and 


Office  rent, 
postage,  etc., 
paid  by  coun- 
ty. 


Salary. 


g e . 


28 


GENERAL  SCHOOL  LAWS 


Amount— How 
determined. 


Deputy. 


Compensation. 


Must  hold 
state  cer- 
tificate 


Must  hold 
first  grade 
certificate. 


ordered  paid  by  the  board  of  county  commissioners. 
The  amount  of  his  salary  and  the  appropriation  for 
deputy  shall  be  determined  each  year  by  the  actual  num- 
ber of  schools  or  separate  departments  in  graded  and 
high  schools,  over  which  said  superintendent  had  of- 
ficial supervision  during  the  preceding  year,  and  the 
same  shall  be  paid  out  of  the  county  general  fund 
monthly,  upon  the  warrant  of  the  county  auditor ; pro- 
vided, that  whenever  the  number  of  schools  in  a 
county  is  diminished  by  reason  of  the  consolidation  of 
schools  or  other  provision  for  the  instruction  of 
pupils  in  any  district  or  districts,  in  computing  the 
salary  of  the  county  superintendent  as  existed  before 
said  consolidation  or  other  provision,  until  such  time 
as  the  number  of  separate  departments  in  the  general 
school  or  schools  provided  for  the  pupils  of  vacated 
schools  shall  equal  the  number  of  original  schools 
vacated.  In  each  county  which  shall  be  organized 
for  school  purposes  after  the  adoption  of  this  code,  the 
county  superintendent  shall  be  paid  a salary  at  the 
rate  of  one  hundred  dollars  a year  until  the  first 
Monday  in  January,  next  following  his  election,  after 
which  his  salary  shall  be  as  provided  for  in  this  sec- 
tion. In  counties  having  fifty  or  more  schools,  the 
county  superintendent  may  appoint  a deputy  for 
whose  acts  as  such  he  shall  be  responsible,  which 
deputy  shall  be  entitled  to  a salary  equal  to  fifty  per 
cent  of  the  county  superintendent’s  salary.  {See  ap- 
pendix C. — IV.) 

Sec.  653.  {Amended.)  QUALIFICATIONS  OF. 
— 1.  No  person  shall  be  deemed  qualified  for  the 
office  of  county  superintendent,  in  any  county  where 
the  salary  is  one  thousand  dollars  or  more  per  year, 
who  is  not  a graduate  of  some  reputable  normal 
school  or  higher  institution  of  learning,  or  who  does 
not  hold  a state  normal  or  a state  professional  certifi- 
cate, and  who  has  not  had  at  least  three  years’  success- 
ful experience  in  teaching  in  this^  state. 

2.  No  person  shall  be  deemed  qualified  for  the 
office  of  county  superintendent  in  counties  where  the 
salary  is  less  than  one  thousand  dollars  per  year,  un- 
less he  holds  a certificate  of  the  highest  county  grade 
or  its  equivalent ; provided,  however,  that  no  part  of 
this  section  shall  be  construed  to  affect  any  person 
now  holding  the  office  of  county  superintendent. 


STATE  OF  NORTH  DAKOTA 


29 


Sec.  654.  SHALL  NOT  ENGAGE  IN  TEACH- 
ING.— No  county  superintendent  of  schools,  except  as 
hereinafter  provided,  shall  engage  in  teaching  during 
the  term  for  which  he  was  elected,  nor  shall  any  person 
under  contract  to  teach  be  qualified  to  hold  the  office 
of  county  superintendent  of  schools. 

Sec.  655.  SHALL  NOT  ABSENT  HIMSELF 
FROM  COUNTY. — No  county  superintendent  of 
schools  shall  engage  in  an}^  profession  or  occupation, 
nor  shall  he  absent  himself  from  the  county  or  district 
for  which  he  is  elected  to  engage  in  any  occupation, 
profession  or  pursuit  during  the  term  for  which  he  is 
elected  for  such  time  and  in  such  manner  as  to  inter- 
fere with  the  proper  discharge  of  his  duties  as  county 
superintendent  of  schools. 

Sec.  656.  SUBJECT  TO  REMOVAL.— Any  coun- 
ty superintendent  of  schools  who  neglects  or  violates 
any  of  the  provisions  of  sections  654  and  655  shall  be 
subject  to  removal  from  office. 

Sec.  657.  {Amended.)  NOT  APPLICABLE  IN 
EVERY  COUNTY. — None  of  the  provisions  of  sec- 
tions 654  and  655  shall  be  applicable  to  counties  in 
which  the  salary  of  county  superintendents  of  schools 
is  less  than  one  thousand  dollars  per  annum. 

Article  3. — School  Districts. 

Sec.  658.  WHAT  CONSTITUTES  A SCHOOL 
CORPORATION. — Each  civil  township  in  the  state, 
not  organized  for  school  purposes  under  the  district 
system  at  the  taking  effect  of  this  code,  shall  be  and 
is  hereby  constituted  a distinct  school  corporation, 
and  whenever  in  any  county  a civil  township  shall 
hereafter  be  organized  it  shall  from  and  after  such  or- 
ganization be  and  constitute  a distinct  school  corpora- 
tion, except  as  otherwise  specially  provided  in  this 
chapter.  {Appendix  C. — VI,  2,  a.) 

Sec.  659.  SCHOOL  TOWNSHIP  TO  CON- 
FORM TO  CIVIL  TOWNSHIP  WHEN  POS- 
SIBLE.— Each  school  township  in  every  county  in  the 
state,  which  at  the  taking  effect  of  this  code  consists 
of  territory  not  organized  into  a civil  township,  shall 
be  and  remain  a distinct  school  corporation ; provided, 
that  whenever  such  school  township,  or  any  part  there- 
of, shall  be  organized  into  or  annexed  to  a civil  town- 
ship, such  civil  township  shall  thenceforth  constitute 
a distinct  school  corporation ; but  nothing  in  this  section 
shall  be  construed  to  alter  the  boundary  lines  of  any 


Not  to  teach. 


Not  to  have 
other  business 
or  be  absent 
from  county. 


May  be  re- 
moved—when 


Not  unless  sal- 
ary is  less 
than  $1,000. 


School  corpor- 
ations — what 
constitutes. 


To  conform  to 
civil  township. 


30 


GENERAL  SCHOOL  LAWS 


Duty  of  county 
commissioners. 


Petition. 


Conditions. 


County  com- 
missioners may 
re-arrangre  ter- 
ritory— when. 


Boundaries. 


New  districts 
—on  what  con- 
ditions formed. 


school  township  organized  prior  to  the  passage  of  this 
code,  except  upon  petition  as  hereinafter  provided. 
{Appendix  C. — VI,  2,  a.) 

Sec.  660.  WHAT  TERRITORY  MAY  BE  OR- 
GANIZED INTO  DISTRICT  SCHOOL  CORPOR- 
ATIONS.— The  county  commissioners  of  each  county 
not  organized  for  school  purposes  under  the  district 
school  system  at  the  taking  effect  of  this  code,  shall 
organize  into  a district  school  corporation  any  terri- 
tory not,  at  the  taking  effect  of  this  code,  already  or- 
ganized into  a civil  township  or  a school  township 
upon  being  petitioned  so  to  do  by  one-third  of  the  resi- 
dents of  such  territory,  having  the  care  and  custody 
of  any  child  of  school  age  ; provided,  such  territory 
shall  consist  of  not  less  than  one  congressional  town- 
ship, having  at  least  eight  thousand  dollars  in  taxable 
property  and  at  least  ten  children  of  school  age  resid- 
ing therein.  The  county  commissioners  of  every  such 
county,  with  the  advice  and  consent  of  the  county 
superintendent,  may  rearrange  the  boundaries  in  any 
school  corporation  whose  territory  'is  not  included 
within  a civil  township,  when  petitioned  so  to  do 
by  a majority  of  the  voters  residing  within  such  school 
corporation,  whose  boundaries  will  be  affected  thereby, 
subject  to  the  same  restrictions  and  conditions  as  to 
extent  of  territory,  value  of  taxable  property  and  num- 
ber of  resident  children  of  school  age  as  in  the  organi- 
zation of  a school  corporation  from  territory  not  in- 
cluded in  a civil  township.  In  the  formation  of  school 
corporations  and  the  rearrangement  of  their  boundar- 
ies as  provided  for  in  this  section,  the  boundary  lines 
of  congressional  townships  shall  be  followed  as  far 
as  possible  as  school  corporation  lines.  {See  sec.  666, 
also  Appendix  C. — VI,  2,  f.) 

Note. — The  above  section  is  taken  from  the  Code 
of  1895,  the  amendment  thereto  (Laws  1899,  chap. 
143),  which  will  be  found  in  the  Rev.  Codes,  1899,  as 
^ 660,  having  been  declared  unconstitutional.  See 
Plummer  v.  Borsheim,  8 N.  D.,  565,  80  N.  W. 
Rep.,  690. 

Sec.  661.  NEW  SCHOOL  DISTRICTS,  HOW 
FORMED.  — In  any  county  hereafter  or- 
ganized the  county  commissioners  shall  so  divide  the 
county  or  the  parts  thereof,  which  include  every  con- 
gressional township  in  such  county  which  has  residing 
therein  not  less  than  ten  children  of  school  age,  into 
school  corporations  as  will  best  promote  the  perma- 
nent interests  of  public  schools  in  the  county,  upon  the 


STATE  OF  NORTH  DAKOTA 


31 


same  petition  and  subject  to  the  same  conditions  and 
restrictions  as  are  contained  in  section  6 GO. 

Sec.  662.  {Amended.)— SCHOOL  COR- 
PORATIONS MAY  BE  DIVIDED  AND  AT- 
TACHED TO  OTHER  DISTRICTS— If  a portion 
of  any  such  ‘^chool  corporation  having  not  more  than 
ten  children  of  school  age  residing  therein  is  separated 
from  the  other  portion  of  such  corporation  by  any 
natural  obstacle  which  practically  prevents  such  chil- 
dren from  attending  school  in  such  other  portion,  the 
county  commissioners  of  the  county  may  annex  such 
portion  so  separated  to  an  adjoining  school  corpora- 
tion, and  the  portion  so  annexed  shall  constitute  a 
part  of  such  adjacent  corporation.  If  such  adjacent 
corporation  lies  in  another  county,  the  county  com- 
missioners of  the  two  counties  may  jointly  make  such 
annexation ; provided,  that  whenever  portions  of  a 
school  corporation  lie  in  different  civil  townships  there 
may  be  created  therefrom  two  or  more  distinct  school 
corporations,  when  in  the  judgment  of  such  commis- 
sioners and  superintendent,  such  change  can  be  made 
without  detriment  to  the  schools  or  to  the  pupils  there- 
in, and  the  divison  can  be  made  by  following  the 
boundary  line  or  lines  of  congressional  townships, 
or  the  meander  lines  of  the  government  survey. 

Sec.  663.  ANNEXATION  OF  SCHOOL 
CORPORATIONS. — In  any  county  not  organized  for 
school  purposes  under  the  district  system  at  the  taking 
effect  of  this  code,  if  a town  or  village  not  organized 
into  a special  district  is  divided  by  a civil  township 
line  or  if  such  town  or  village  is  divided  by  any  coun- 
ty line,  the  county  commissioners  of  such  county,  or 
the  county  commissioners  of  such  adjacent  counties 
acting  in  joint  session,  as  the  case  may  be,  may  when 
petitioned  so  co  do  by  a majority  of  the  voters  of  each 
part  of  said  town  or  village,  annex  one  part  of  such 
town  or  village  to  the  adjacent  school  corporation 
which  includes  the  other  part  of  such  town  or  village 
and  the  part  so  annexed  shall  constitute  a portion  of 
such  adjacent  corporation. 

Sec.  664.  WHEN  CIVIL  TOWNSHIPS  MAY 
CONSOLIDATE  INTO  SCHOOL  DISTRICT.— 
In  any  countv  not  organized  for  school  purposes  un- 
der the  district  system  at  the  taking  effect  of  this 
code,  if  a civil  township  having  less  than  fifteen  per- 
sons of  school  age  residing  theren,  by  reason  of  the 
irregular  course  of  natural  boundary,  contains  less 
than  twelve  sections  or  square  miles  of  territory,  it 


District  divid- 
ed by  natural 
obstacle 


Territory  in 
two  counties — 
how  divided. 


Town  or  vil- 
lage divided  by 
county  line- 
procedure. 


Fractional 
township  con- 
solidated with 
adjacent  dis- 
trict, when. 


32 


GENERAL  SCHOOL  LAWS 


Name  of  school 
district. 


School  district 
numbered. 


Old  numbers 
retained. 


Re-arrange- 
ment under 
this  code. 


Civil  township 
a single  dist- 
trict. 


shall  • constitute  a portion  of  the  adjacent  school  dis- 
trict with  which  it  has  the  longest  common  boundary 
line. 

Sec.  665.  SCHOOL  DISTRICTS,  HOW  NAMED 
— Each  school  corporation  constituted  or  formed 
under  the  provisions  of  this  article,  shall  be  designated 
a school  district  as  distinguished  from  a civil  town- 
ship or  congressional  township  and  shall  be  named  as 
follows : Eacli  school  district  which  consists  of  a civil 

township  shall  be  named  “ school  district 

of county,  state  of  North  Dakota,’'  with 

the  name  of  the  civil  township  which  constitutes  the 
districts  inserted  in  the  blank  before  the  word  “school,” 
and  the  name  of  the  county  in  which  it  is  situated  in- 
serted before  tlie  word  “county.”  Each  school  dis- 
trict which  consists  of  territory  not  organized  into  a 
civil  township,  but  which  has  been  named  by  a dis- 
tinctive name  shall  have  such  distinctive  name  inserted 
in  the  blank  before  the  word  “school.”  Each  school 
district  consisting  of  territory  not  organized  into  a 
civil  township  -which  has  no  distinctive  name  shall  be 

named  “school  district  No  of  county, 

state  of  North  Dakota,”  with  its  proper  number  in- 
serted in  the  blank  after  the  word  “number,”  and  the 
proper  name  of  the  county  inserted  in  the  blank  befojre 
the  word  “county;”  provided,  that  in  each  county 
organized  for  school  purposes  under  the  district  sys- 
tem at  the  taking  effect  of  this  code,  the  several  school 
districts  shall  retain  and  be  known  by  the  number 
which  they  have  respectively  at  the  time  of  the  taking 
effect  of  this  code  and  any  school  district  hereafter 
formed  in  any  such  county  shall  be  known  by  the  num- 
ber next  higher  than  that  of  the  highest  pre-existing 
numbered  district. 

Sec.  666.  WHEN  BOUNDARIES  TO  BE  RE- 
ARRANGED AND  ESTABLISHED  AND  HOW. 
— The  county  commissioners  and  county  superintend- 
ent of  schools  in  each  county,  which  at  the  taking 
effect  of  this  code  is  organized  for  school  purposes  un- 
der the  district  system,  shall  meet  on  the  first  Monday 
in  May,  A.  D.  1896,  at  the  place  where  the  meetings  of 
such  commissioners  are  usually  held  and  shall  rear- 
range and  establish  the  boundaries  of  the  several  school 
districts  of  the  county  unless  the  same  has  already 
been  done,  as  follows : 

1.  Each  civil  township  in  a county,  no  part  of 
which  is  included  in  a school  district  already  organ- 
ized, shall  be  formed  into  a single  school  district. 


STATE  OF  NORTH  DAKOTA 


33 


2.  Each  congressional  township  in  the  county,  no 
part  of  which  is  included  in  a civil  township  nor  in  an 
organized  school  district,  if  it  contains  twelve  or  more 
persons  of  school  age,  shall  be  formed  into  a single 
school  district. 

3.  All  territory  in  a county  situated  in  a civil  town- 
ship, part  of  which  is  organized  into  a school  district, 
or  situated  in  a congressional  township  not  included 
in  a civil  township,  and  a portion  of  which  is  organized 
into  a school  district  shall  be  annexed  to  and  form 
part  of  the  organized  school  district  lying  wholly  or 
in  part  in  such  civil  or  congressional  township. 

4.  Each  school  district  now  organized  which  has 
less  than  ten  persons  of  school  age  residing  therein 
shall  be  annexed  to  and  form  a part  of  such  adjacent 
school  district  as  shall  be  most  convenient  for  such 
persons  of  school  age,  when  in  the  judgment  of  such 
commissioners  and  superintendent  such  annexation  can 
be  made  without  detriment  to  the  school  or  to  the  pupils 
residing  in  such  district. 

5.  The  boundary  lines  of  each  school  district  which 
lies  partly  within  two  or  more  civil  townships  shall 
be  so  changed  that  such  school  district  shall  lie  wholly 
within  one  civil  township,  so  far  as  in  the  judgment 
of  such  commissioners  and  superintendent  such  change 
can  be  made  without  detriment  to  the  schools  or  to 
the  pupils  therein. 

6.  Such  commissioners  and  superintendent  shall 
make  such  changes  generally  in  the  boundary  lines  of 
the  school  districts  of  the  county,  not  in  their  judg- 
ment detrimental  to  the  interests  of  the  schools  of  the 
county  as  will  reduce  the  number  of  school  districts 
in  the  county,  and  form  school  districts  not  extending 
beyond  the  boundaries  of  the  civil  township.  (See 
Sec,  66o.) 

Sec.  667.  (Amended,)  BOUNDARIES,  HOW 
CHANGED  IN  FUTURE. — After  the  boundary  lines 
of  the  several  school  districts  of  any  of 
the  counties  of  this  state  are  re-arranged  and 
established  as  provided  for  in  the  last  preceding  sec- 
tion of  this  article,  such  boundary  may  be  changed  or 
re-arranged  by  the  county  commissioners  and  the  super- 
intendent of  schools  at  any  regular  session,  and  if 
a town  or  village,  not  organized  into  a special  district 
and  containing  twelve  or  more  persons  of  school  age 
is  divided  by  the  line  of  a civil  or  congressional  town- 
ship or  is  partly  in  two  or  more  ■ districts,  such  town 
or  village  with  adjacent  territory  in  both  or  all  of  the 


Congressional 

township, 

same. 


Partly  organ- 
ized territory. 


Districts  to  be 
consolidated  — 
when. 


Boundaries 
changed— when 


General 

changes. 


Future 
changes  in 
boundaries. 


School  Laws— 3 


GENERAL  SCHOOL  LAWS 


:^4 


New  district 
formed. 


District  may 
sue;  be  sued; 
contract;  hold 
property. 


Plats  of  school 
districts,  coun- 
ty auditor 
.shall  furnish. 


Specifications 
to  be  furnished 
by  state  sup- 
erintendent. 


districts  in  which  it  is  situated  not  exceeding  ten  square 
miles  in  extent  and  not  at  any  point  more  than  three 
miles  distant  from  said  town  or  village  may  be  formed 
into  a new  and  separate  district,  if  in  the  judgment 
of  the  commissioners  and  superintendent  such  a change 
or  the  formation  of  such  new  district  is  for  the  best 
interests  of  the  schools.  Any  change  or  re-arrange- 
ment of  boundaries  may  be  made  or  new  district  formed 
as  hereinbefore  provided  for  upon  petition  signed 
by  one-third  of  the  voters  residing  in  each  district 
whose  boundaries  will  be  affected  by  such  change  or 
re-arrangement  and  by  three-fourths  of  the  voters 
resident  in  the  parts  of  districts  to  be  included  in  any 
new  district  formed  under  the  provisions  of  this  sec- 
tion ; provided,  that  each  congressional  township  not 
wholly  or  in  part  included  in  a civil  township,  and 
no  part  of  which  is  organized  for  school  purposes,  shall 
be  formed  into  a school  district  as  soon  as  it  shall  have 
residing  therein  twelve  or  more  children  of  school  age. 
{See  Appendix  C. — VI,  2,  a;  also  Appendix  D. — 
Note  8.) 

Sec.  668.  RIGHTS  AND  POWERS  OF 
SCHOOL  CORPORATIONS.— Each  school  district 
constituted  and  formed  as  provided  in  this  article  shall 
be  a distinct  corporation,  and  under  its  proper  name 
or  number  as  such  corporation,  may  sue  and  be  sued, 
contract  and  be  contracted  with,  and  may  acquire,  pur- 
chase, hold  and  use  personal  or  real  property  for  school 
purposes  or  for  the  purposes  mentioned  in  this  chap- 
ter and  sell  and  dispose  of  the  same. 

Sec.  669.  PLATS  OF  SCHOOL  DISTRICTS 
TO  BE  FURNISHED  BY  COUNTY  AUDITOR. 
— The  county  auditor  shall  within  thirty  days  after  the 
first  school  election  held  as  provided  herein,  transmit 
to  the  state  auditor,  to  the  superintendent  of  public 
instruction  and  to  the  county  superintendent,  a plat  of 
the  county,  showing  the  boundaries  and  name  of  each 
school  corporation  therein,  and  shall  record  a copy  of 
the  same,  together  with  all  proceedings  of  the  county 
board  had  and  done  under  this  chapter  in  a proper 
book  kept  for  that  purpose.  He  shall  promptly  fur- 
nish such  officers  with  a correct  plat  showing  any 
changes  at  any  time  in  the  boundaries  of  school  cor- 
porations. The  superintendent  of  public  instruction 
shall  furnish  instructions  for  the  suitable  preparation 
and  construction  of  such  plats  in  regard  to  scale  and' 
markings,  in  order  to  secure  a uniform  series  of  maps 
for  binding  for  office  use. 


STATE  OF  NORTH  DAKOTA 


35 


Sec.  669a.  LEGALIZING  IRREGULARITIES. 
— All  school  districts,  whether  duly  and  legally  organ- 
ized under  the  provisions  of  statutes  or  not,  which 
for  the  eight  years  last  past  have  had  a defacto  or- 
ganization, are  hereby  declared  to  be  legally  organized 
and  are  authorized  to  exercise  all  the  functions  of 
school  districts  which  have  been  duly  and  legally  or- 
ganized as  provided  by  statute,  with  the  boundaries 
which  they  may  have  at  the  time  of  the  going  into 
effect  of  this  article,  and  all  contracts  or  obligations 
of  said  districts,  and  the  acts  of  the  officials  thereof, 
are  hereby  ratified  and  confirmed  in  so  far  as  to 
give  them  the  same  validity  which  they  would  have 
had  if  said  districts  had  been  legally  organized. 

Article  4. — Election  of  School  Officers. 

Sec.  670.  {Amended.)  OFFICERS  TO  BE 
ELECTED. — On  the  first  Tuesday  in  June  of  each 
year  there  shall  be  elected  one  school  director  for  the 
term  of  three  years  and  on  the  first  Tuesday  in  June 
of  each  even  numbered  year  a school  treasurer  for  the 
term  of  two  years.  Such  officers  shall  hold  their  re- 
spective offices  from  the  second  Tuesday  in  July  fol- 
lowing their  election  for  the  number  of  years  respec- 
tively for  which  they  were  elected,  and  until  their  suc- 
cessors are  elected  and  qualified.  At  the  first  election 
for  the  organization  of  a new  school  district  there  shall 
be  elected  at  large  for  such  school  district  three  direct- 
ors, one  to  serve  until  the  first  annual  election,  one  to 
serve  until  the  second  annual  election,  and  one  to  serve 
until  the  third  annual  election  thereafter  and  a school 
treasurer  to  serve  until  the  annual  election  in  the  next 
even  numbered  year  and  until  his  successor  is  elected 
and  qualified.  {See  Appendix  D. — Note  p.) 

Sec.  671.  POLLING  PLACES,  HOW  ESTAB- 
LISHED. APPOINTMENT  OF  ELECTION  OF- 
FICERS.— The  county  superintendent  in  each  coun- 
ty shall,  at  least  twenty  days  prior  to  the  first  elec- 
tion in  the  new  district,  fix  and  designate  some  polling 
place  in  each  school  district  so  located  as  to  be  con- 
venient for  the  voters  of  such  district,  and  shall  ap- 
point two  persons  to  act  as  judges  and  two  to  act  as 
clerks  of  the  election  of  such  school  officers ; such 
judges  and  clerks  shall  be  qualified  voters  in  their 
respective  districts.  The  county  superintendent  shall 
notify  in  writing  such  judges  and  clerks  of  their  ap- 
pointment, and  of  the  place  fixed  and  designated  as 
the  polling  place  in  their  respective  districts,  and  shall 


District  Irreg- 
ularly organ- 
ized 8 years 
recognized  as 
regular. 


Contracts  of 
such  districts 
ratified. 


School  officers 
elected—  when 


Term. 


In  new  district 


County  super- 
intendent to 
fix  polling 
places  and  ap- 
point election 
officers. 


Shall  notify 
election  boards 
and  furnish 
election  blanks 


36 


GENERAL  SCHOOL  LAWS 


Notices  of 
election. 


Other  duties. 


Who  may  vote 


Polls  open — 
hours. 


Annual  elec- 
tion— notice  of. 


furnish  them  with  the  necessary  blanks  and  poll  books 
for  such  election.  He  shall  also  furnish  one  of  such 
clerks  with  three  notices  of  such  election  specifying 
the  time  and  place  at  which  such  election  is  to  be  held, 
the  officers  to  be  elected  and  term  of  each,  which 
notices  such  clerk  shall  post  in  three  of  the  most 
public  places  in  the  district  at  least  ten  days  prior  to 
such  election.  The  county  superintendent  shall  fix 
the  date  and  perform  such  other  duties  as  devolve 
upon  him  by  the  provisions  of  this  section  for  the 
first  election  in  any  school  district  hereafter  formed 
under  the  provisions  of  this  chapter,  and  such  election 
shall  be  called  by  the  county  superintendent  within 
thirty  days  after  the  formation  of  such  school  district. 

Sec.  672.  WHO  QUALIFIED  TO  VOTE  OR 
HOLD  OEFICE. — At  any  election  of  school  officers 
in  any  school  corporation  in  this  state  all  persons 
who  are  qualified  electors  under  the  general  laws  of 
the  state  and  all  women  twenty-one  years  of  age  hav- 
ing the  necessary  qualifications  as  to  citizenship  and 
residence  required  of  male  voters  by  law,  shall  be 
qualified  voters  and  shall  be  eligible  to  the  office  of 
county  superintendent  of  schools,  school  director  or 
member  of  the  board  of  education  or  school  treasur- 
er, or  may  be  judge  or  clerk  of  such  election.  (See 
Const.  Sections  I2i-i2y;  also  Appendix  D — Note 
10.) 

Sec.  673.  HOURS  POLLS  OPEN.— At  all  elec- 
tions for  school  district  officers,  the  polls  shall  be 
opened  at  two  o’clock  p.  m.  and  closed  at  five  o’clock 

p.  m. 

Sec.  674.  (Amended.)  NOTICE  OE  ANNUAL 
ELECTION. — At  least  fifteen  days  before  the  first 
Tuesday  in  June  of  each  year  the  district  school  board 
of  each  school  district  shall  designate  one  polling  place 
as  convenient  as  possible  to  the  voters  of  such  district 
at  which  such  annual  election  shall  be  held,  and  shall 
cause  notice  of  such  election  to  be  posted  in  at  least 
three  of  the  most  public  and  conspicuous  places  within 
the  district.  Such  notices  shall  be  signed  by  the  clerk 
or  in  his  absence  by  the  president  of  the  district  school 
board,  and  shall  state  the  time  and  place  of  holding 
such  election  and  the  officers  to  be  elected  and  their 
term  of  office,  and  shall  be  substantially  in  the  fol- 
lowing form: 

Notice  is  hereby  given  that  on  Tuesday  the 

day  of  June,  A.  D an  election  will  be 

held  at  (here  insert  polling  place) 


STATE  OF  NORTH  DAKOTA 


37 


for  the  purpose  of  electing (here  insert 

officers  to  be  elected  and  term  each  is  to  serve)  for 

school  district  No or  for (here 

insert  name  of  school  district.)  The  polls  will  be 
opened  at  two  o’clock  P.  M.  and  closed  at  five  o’clock 
P.  M.  of  that  day. 

By  order  of  school  board, 

Signed  


Clerk. 

Sec.  675.  JUDGE’S  OATH. — At  such  annual  elec- 
tion any  two  of  the  directprs  of  the  school  district 
may  act  as  judges  and  the  clerk  of  the  district  school 
board  and  one  other  person  to  be  chosen  by  the  vot- 
ers present  at  the  opening  of  the  polls,  shall  act  as 
clerks.  The  voters  present  at  the  opening  of  the  polls 
shall  choose  a person  to  fill  any  vacancy  caused  by  the 
absence  of  either  of  such  officers  to  act  as  judge  or 
clerk  of  such  election.  Before  opening  the  polls  each 
of  the  judges  and  clerks  of  election  shall  take  and 
subscribe  the  following  oath  or  affirmation:  “I  do 

solemnly  swear  (or  affirm)  that  I will  perform  my 
duties  as  judge  or  clerk  (as  the  case  may  be)  accord- 
ing to  law  and  the  best  of  my  ability.”  Such  oath 
or  affirmation  may  be  administered  by  any  officer 
authorized  to  administer  oaths  or  by  either  of  the 
judges  or  clerks.  Any  school  officer  elected  and 
qualified  under  the  provisions  of  this  chapter  is  author- 
ized and  empowered  to  administer  any  oath  or  affirm- 
ation pertaining  in  any  manner  to  school  offices. 

Sec.  676.  ELECTION,  HOW  CONDUCTED. 
CANVASS  OE  VOTES.— Such  election  shall  be  con- 
ducted and  the  votes  canvassed  as  provided  by  law 
of  general  elections,  except  as  otherwise  provided  in 
this  chapter.  Immediately  after  the  polls  are  closed 
the  judges  shall  proceed  to  count  and  canvass  the 
votes  for  each  person  voted  for  at  such  election  for 
any  office,  and  the  person  receiving  the  highest  num- 
ber of  votes  for  the  office  of  director  or  treasurer 
shall  be  declared  elected.  If  the  election  results  in  a tie 
for  any  such  office  the  district  clerk  shall  immediately 
notify  in  writing  the  parties  having  received  such  tie 
votes,  and  a time  shall  be  agreed  upon  by  the  parties, 
within  three  days  after  the  election,  at  which  the 
election  shall  be  decided  in  the  manner  that  may  be 
agreed  upon  by  the  parties,  in,  presence  of  the  judges 
and  clerks  of  election,  and  a record  of  the  proceed- 
ings shall  be  made  in  the  records  of  the  district  clerk. 


Form. 


Election  board 
— how  consti- 
tuted. 


Vacancy. 


Oath. 


Who  may  ad- 
minister. 


Elections— con- 
duct of. 


Canvass. 


Tie — how  de- 
termined. 


38 


GENERAL  SCHOOL  LAWS 


Clerk  shall 
notify  person 
elected. 


Also  county 
superintendent 


Official  oath. 


School  board— » 
how  consti- 
tuted. 


Quorum. 


Annual  meet- 
ing. 


Clerk. 


Meetings. 


Special  meet- 
ings. 


Compensation. 


Sec.  677.  CERTIFICATES  OF  ELECTION.— 
The  clerk  of  the  school  district  shall  within  five  days 
after  such  election  furnish  each  person  elected  to  any 
district  office  a written  notice  of  his  election,  and  that 
he  shall  take  the  oath  of  office  as  such  officer  on  or 
before  the  second  Tuesday  in  July  following  such 
election.  He  shall  also  forward  to  the  county  super- 
intendent within  ten  days  after  such  election,  a cer- 
tified list  of  all  the  officers  elected  thereat. 

Sec.  678.  OATH  OF  OFFICE. — Each  person  elec- 
ted to  the  office  of  school  director  or  treasurer  shall 
before  entering  upon  the  duties  of  his  office,  take  and 
subscribe . the  oath  prescribed  in  section  211  of  the 
constitution,  which  oath  shall  be  filed  with  the  clerk 
of  the  school  district  board. 

Article  5. — Organization^  Meetings  and  Duties 
OF  District  Officers. 

Sec.  679.  DISTRICT  SCHOOL  BOARD. 

QUORUM. — The  three  school  directors  in  each  school 
district  shall  constitute  the  district  school  board.  A 
majority  of  the  board  shall  constitute  a quorum  and 
the  agreement  of  a majority  shall  be  necessary  to  the 
validity  of  any  contract  entered  into  by  the  board. 

Sec.  680.  ORGANIZATION.  CLERK.— The 

school  board  shall  meet  annually  on  the  second  Tues- 
day in  July  and  organize  by  choosing  one  of  the 
members  president,  and  a competent  person,  not  a 
member  of  the  board,  clerk,  who  shall  hold  his  office 
during  the  pleasure  of  the  board.  (See  Appendix  D 
— Note  II.) 

Sec.  681.  (Amended.)  MEETINGS  OF  BOARD. 
FEES. — The  board  shall,  on  the  second  Tuesday  in 
January,  April,  July  and  October  of  each  year,  hold 
regular  meetings  for  the  transaction  of  business  at 
such  hour  and  place  as  may  be  fixed  by  the  board.  A 
special  meeting  may  be  held  upon  the  call  of  the  presi- 
dent or  the  other  two  members.  Written  notice  of  the 
time  and  place  of  any  special  meeting  shall  be  given 
to  each  member  of  the  board  at  least  forty-eight  hours 
before  the  time  of  such  meeting.  Each  member  of 
the  board  shall  be  paid  the  sum  of  eight  dollars  per 
annum,  less  two  dollars  for  each  regular  meeting  which 
he  fails  to  attend ; provided,  that  in  any  common 
school  district  which  contains  a graded  school  of  three 
or  more  departments  the  board  shall  hold  regular  meet- 
ings for  the  transaction  of  business  on  the  second 


STATE  OF  NORTH  DAKOTA 


39 


Tuesday  of  each  month  at  such  time  and  place  as  may 
be  fixed  by  the  board,  and  in  such  districts,  the  mem- 
bers of  the  board  shall  receive  a compensation  of  one 
dollar  for  each  meeting-  attended ; provided,  further, 
that  in  counties  having  the  district  system,  the  presi- 
dent and  clerk,  and  in  counties  having  the  township 
system,  the  members  and  clerks  or  such  officers  as 
such  president  and  board  may  appoint  to  represent 
them  shall  receive  ten  cents  a mile  for  the  distance 
necessarily  traveled  in  attending  general  meetings  of 
the  presidents,  members  and  clerks  of  school  boards 
convened  by  the  county  superintendent,  and  also  a 
salary  of  two  dollars,  but  the  total  sum  of  such  salary 
and  mileage  shall  not  exceed  five  dollars  for  each  rep- 
resentative in  attending  any  one  meeting* 

Sec.  682.  {Amended.)  DUTIES  OF  THE 
PRESIDENT. — The  president  shall  preside  at  all 
meetings  of  the  board,  and  shall  perform  such  duties 
as  usually  pertain  to  such  office,  and  in  accordance 
with  the  customary  rules  of  order.  In  his  absence  a 
president  pro  tempore  shall  preside.  The  president 
shall  perform  such  other  duties  as  are  prescribed  in 
this  chapter.  It  shall  also  be  the  duty  of  the  presi- 
dent to  attend  such  general  meetings  of  school  officers 
as  may  be  convened  by  the  county  superintendent  of 
schools.  When  the  president  cannot  attend  such 
meetings  personally,  he  shall  appoint  some  other  school 
officer  to  represent  the  district  at  such  general  meet- 
ing. 

Sec.  683.  DUTIES  OF  CLERK.  COMPENSA- 
TION.— The  clerk  of  the  board  shall  keep  an  ac- 
curate record  of  all  proceedings  of  the  board,  give 
or  post  all  notices,  make  out  all  reports  and  statements 
and  perform  all  other  duties  required  by  law  or  by  the 
board.  He  shall  receive  such  compensation  as  shall 
be  fixed  by  the  board,  not  less  than  ten  dollars  for 
one  school  and  five  dollars  for  each  additional  school 
in  his  district ; provided,  that  such  salary  shall  not 
exceed  forty  dollars  in  any  one  year. 

Sec.  684.  TREASURER’S  BOND,  HOW  AP- 
PROVED. VACANCY,  HOW  FILLED.— The 
school  treasurer  shall,  on  or  before  the  second  Tues- 
day in  July  following  his  election  and  before  entering 
upon  his  duties  give  a bond  to  the  school  district  con- 
ditioned for  the  honest  and  faithful  discharge  of  his 
duties  and  that  he  will  render  a true  account  of  all 
funds  and  property  that  shall  come  into  his  hands  and 


President- 
duties  of. 


Clerk— duties 
of. 


Compensation. 


Treasurer’s 

bond. 


40 


GENERAL  SCHOOL  LAWS 


Vacancy. 


Additional 
bond— when  re- 
quired. 


Vacancy  on 
failure  to  give. 


Surety  com- 
pany bond 
may  be  re- 
quired. 


pay  and  deliver  the  same  according  to  law.  Such  bond 
shall  be  in  such  sum  as  may  be  fixed  by  the  board, 
but  not  less  than  double  the  sum  to  come  into  his 
hands  in  any  one  year  as  nearly  as  may  be  ascertain- 
ed, which  bond  shall  be  signed  by  two  or  more  suffi- 
cient sureties  to  be  approved  by  the  school  board. 
In  case  the  school  board  neglects  or  refuses  to  approve 
the  bond  of  such  treasurer  and  the  sureties  thereon, 
such  treasurer  may  present  the  same  to  the  county 
superintendent  and  serve  notice  thereof  upon  the 
board  and  due  proof  of  such  notice  being  made  to  the 
county  superintendent,  he  shall  unless  good  cause  for 
delay  appears,  proceed  to  hear  and  determine  the  suf- 
ficiency of  the  bond  and  the  sureties  thereon,  and  may 
approve  or  disapprove  the  same  as  the  facts  warrant. 
In  case  a vacancy  occurs  in  the  office  of  district  treas- 
urer, it  shall  be  the  duty  of  the  county  treasurer  of 
the  county  wherein  such  school  district  is  located,  upon 
being  notified  by  the  county  superintendent  or  clerk 
of  such  school  district  that  such  vacancy  exists,  to 
perform  the  duties  of  treasurer  of  such  school  district 
until  the  vacancy  is  duly  filled. 

Sec.  685.  WHEN  ADDITIONAL  BONDS  RE- 
QUIRED— Whenever  the  amount  in  the  hands  of  the 
treasurer  or  subject  to  his  order  exceeds  two-thirds  of 
the  penal  sum  of  his  bond  or  when  in  the  judgment  of 
the  board  or  of  the  county  superintendent  the  security 
on  such  bond  is  impaired,  the  board  or  county  super- 
intendent shall  require  an  additional  bond.  If  the 
treasurer  fails  for  twenty  days  to  give  such  additional 
bond  the  office  shall  be  declared  vacant  and  the  vacancy 
shall  be  filled  as  provided  by  this  chapter. 

Section  1.  Chap.  i8y,  Lazvs  ipoi.  SURETY 
BONDS. — That  every  person  hereafter  elected  to 
the  office  of  district  school  treasurer  within  the  state 
of  North  Dakota,  be,  and  is  hereby  required  to  give 
an  official  bond  in  a penal  sum  to  be  fixed  by  the  board 
of  directors,  which  bond  shall  not  be  in  a less  penal 
sum  than  double  the  amount  of  money  likely  to  come 
into  his  hands  in  any  one  year,  and  such  board  may 
by  resolution  require  that  such  bond  shall  be  executed 
by  some  responsible  fidelity  or  surety  company  author- 
ized and  qualified  to  do  business  in  the  state  of  North 
Dakota,  and  subject  to  approval  as  provided  by  law; 
provided,  further,  if  a surety  bond  is  given  it  shall  be 
given  for  a sum  fixed  by  the  board  of  directors. 


STA'FE  OF  NORTH  DAKOTA 


41 


Sec.  2.  PREAIIUMS  FOR  SURETY  BOND.— 
The  amount  of  premiums  for  such  surety  or  fidelity 
bond  shall  be  audited  by  the  board  of  directors  and 
paid  out  of  the  general  fund  of  the  district. 

Sec.  686.  SCHOOL  FUNDS,  HOW  PAID  OUT. 
— The  school  treasurer  shall  keep  such  accounts  and 
make  such  reports  as  are  required  of  him  by  law  and 
shall  publish  his  annual  statement  in  a newspaper  pub- 
lished in  the  nearest  city  or  town  to  his  district.  He 
shall  pay  no  money  out  of  the  funds  in  his  hands 
except  upon  the  warrant  of  the  school  board,  signed  by 
the  president  and  countersigned  by  the  clerk.  He  shall 
pay  all  warrants  properly  drawn  and  signed  when  pre- 
sented, if  there  is  any  money  in  his  hands  or  subject 
to  his  order  for  their  payment. 

Sec.  687.  {Amended.)  WARRANTS  TO  BE  IN- 
DORSED WHEN  NO  FUNDS  TO  PAY.— When 
a warrant  is  presented  to  the  treasurer  for  payment 
and  there  is  no  money  in  his  hands  or  subject  to  his 
order  belonging  to  the  proper  fund  for  the  payment  of 
such  warrants,  he  shall  indorse  on  such  warrant  “pre- 
sented for  payment  this  ..'....  day  of  , 

190.  . . .,  and  not  paid  for  want  of  funds,^’  and  shall 
sign  such  indorsement.  If  he  has  in  his  hands  or  sub- 
ject to  his  order  money  for  the  part  payment  of  such 
warrant  he  shall  make  such  part  payment  and  indorse 
the  sum  on  the  warrant  and  add  “balance  not  paid  for 
want  of  funds,”  signing  the  same.  He  shall  keep  a 
correct  register  of  all  warrants  so  presented  and  in- 
dorsed. Each  warrant  thus  presented  and  indorsed 
shall  draw  interest  on  the  amount  unpaid  at  a rate 
not  to  exceed  eight  per  cent  per  annum  from  the  date 
of  such  presentation  and  indorsement  until  paid ; pro- 
vided, that  when  there  shall  come  into  the  hands  of 
the  treasurer  or  subject  to  his  order,  money  applicable 
to  the  payment  of  any  warrant  which  has  been  so  pre- 
sented and  registered,  the  treasurer  shall  notify  in  writ- 
ing by  mail  the  drawee  of  such  warrant  at  his  last 
known  place'  of  residence  to  present  such  warrant  for 
payment,  and  interest  shall  cease  upon  every  such  war- 
rant ten  days  after  such  notice  shall  have  been  sent, 
and  such  money  shall  be  held  for  the  payment  of  such 
warrant. 

Sec.  688.  WARRANTS,  WHAT  TO  SPECIFY. 
Each  warrant  drawn  by  the  clerk  of  the  board  on  the 
district  treasurer  must  specify  the  purpose  for  which 


Premium  to 
be  paid  by 
district. 


Annual  state- 
ment to  be 
published. 


No  money  to 
be  paid  except 
on  warrant. 


Endorsment 
on  unpaid 
warrants. 


Interest  8 per 
cent. 


Notice  to 
drawee. 


Warrants— 
what  to  speci- 
fy. 


42 


GENERAL  SCHOOL  LAWS 


Official  oaths 
and  bonds— 
where  filed. 


Action  on 
trea’surer’s 
bond. 


Treasurer’s 

salary. 


Board  shall  have 
general  charge 
and  control. 


May  establish, 
locate,  main- 
tain, change  or 
discontinue 
schools. 


Repairs,  fuel, 
etc. 


it  is  d-rawn,  the  fund  on  which  it  is  drawn,  and  the  per- 
son to  whom  payable ; and  no  warrant  shall  be  issued 
except  for  an  indebtedness  incurred  prior  to  its  issue. 

Sec.  689.  OATHS  AND  BONDS,  WHERE  TO 
BE  EILED.  — All  official  oaths  and  bonds  of  school 
district  officers  shall  be  filed  with  the  district  clerk, 
who  shall  immediately  certify  to  the  county  superin- 
tendent the  fact  of  such  oaths  and  bonds  being  filed. 
Said  clerk  shall  file  school  treasurer’s  bond  with  county 
auditor  after  such  bond  has  been  approved  by  the  dis- 
trict school  board,  as  provided  in  this  chapter.  In  case 
of  the  breach  of  any  of  the  conditions  of  the  treasurer’s 
bond,  the  board,  through  its  president,  and  in  case  of 
his  refusal  so  to  do,  the  county  superintendent  shall 
cause  an  action  to  be  commenced  and  prosecuted  there- 
on in  the  corporate  name  of  the  district,  and  any 
money  collected  for  the  district  shall  be  paid  to  the  dis- 
trict treasurer  and  any  money  collected  for  fines  shall 
be  paid  into  the  county  treasury  and  be  credited  to 
the  general  school  fund  of  the  state.  If  the  board  and 
county  superintendent  both  fail  or  refuse  to  bring  such 
action  any  taxpayer  in  the  district  may  commence  and 
prosecute  such  action,  and  the  necessary  expense  there- 
of shall  be  paid  out  of  the  district  treasury  unless  other- 
wise ordered  by  the  court.  (See  appendix  C.  VIII, 
also  appendix  D,  note  13. ) 

Article  6. — Powers  and  Duties  of  District 
School  Boards. 

Sec.  690.  SALARY  OF  SCHOOL  TREAS- 
URER.— The  school  treasurer  shall  be  paid  for  his 
services  such  sum  as  shall  be  fixed  by  the  board  not 
less  than  five  nor  more  than  twenty-five  dollars  per 
annum. 

Sec.  691.  GENERAL  POWERS.— The  district 
school  board  shall  have  the  general  charge,  direction 
and  management  of  the  schools  of  the  district,  and  the 
care,  custody  and  control  of  all  the  property  belonging 
to  it,  subject  to  the  provisions  of  this  chapter.  (See 
Appendix  C. — VI,  2,  c.) 

Sec.  692.  POWER  TO  ESTABLISH  SCHOOLS. 
— It  shall  organize,  maintain  and  conveniently  locate 
schools  for  the  education  of  children  of  school  age 
within  the  district,  and  change  or  discontinue  any  of 
them  in  the  cases  provided  by  law.  (See  see.  /04.) 

Sec.  693.  REPAIRS,  FUEL  AND  SUPPLIES. 
— It  shall  make  all  necessary  repairs  to  the  school- 


STATE  OF  NORTH  DAKOTA 


43 


houses,  outbuildings  and  appurtenances,  and  shall  fur- 
nish fuel  and  all  necessary  supplies  for  the  schools. 

Sec.  694.  {Amended.)  FURNITURE,  MAPS, 
REGISTERS,  SCHOOL  LIBBRARY.— It  shall  fur- 
nish to  each  school  all  necessary  and  suitable  furniture, 
maps,  charts,  and  apparatus,  including  Webster’s  In- 
ternational dictionary.  The  school  register  and  all 
school  blanks  used  shall  be  those  furnished  by  the  state 
department  of  public  instruction.  It  may  appropriate 
and  expend  each  year  not  less  than  ten  nor  inore  than 
twenty-five  dollars  for  each  school,  or  separate  depart- 
ment thereof,  of  the  district  for  the  purpose  of  a school 
library^  to  be  selected  by  the  school  board  and  the 
county  superintendent  of  schools  from  any  list  of 
books,  prepared  by  the  superintendent  of  public  in- 
struction, and  furnished  by  him  to  the  county  super- 
intendents for  that  purpose,  and  it  shall  not  purchase 
any  books  not  contained  in  such  list,  or  which  have 
not  been  approved  by  the  superintendent  of  public  in- 
struction. It  shall  have  the  care  and  custody  of  the 
library  and  may  appoint  as  librarian  any  suitable  per- 
son, including  one  of  their  number,  but  whenever  prac- 
ticable, the  library  shall  be  kept  in  the  school  house, 
and  always  so  when  school  is  in  session.  It  shall  make 
rules  to  govern  the  circulatoin  and  care  of  the  books 
while  in  the  hands  of  pupils  or  other  persons,  subject 
to  such  general  rules  as  may  be  prescribed  by  the  state 
superintendent  of  public  instruction,  and  may  impose 
and  collect  penalties  for  injuries  done  to  any  book  by 
the  act,  negligence  or  permission  of  the  person  who 
takes  the  same  or  while  in  his  possession,  but  no  book 
shall  be  loaned  to  any  person  not  a resident  of  the  dis- 
trict. It  may  at  any  time  temporarily  exchange  any 
part  or  all  of  its  library  with  any  other  district  or  per- 
son, so  far  as  different  books  may  be  obtained,  but  each 
district  shall  recall  its  books  before  the  close  of  the 
school  term.  It  may  at  any  time  accept  donations  of 
books  for  the  library,  but  it  shall  exclude  therefrom 
all  books  unsuited  to  the  cultivation  of  good  character 
and  good  morals  and  manners,  and  no  sectarian  publi- 
cation, devoted  to  the  discussion  of  sectarian  differences 
and  creeds  shall  be  admitted  to  the  library.  It  shall 
be  held  accountable  for  the  proper  care  and  preserva- 
tion of  the  library,  and  shall  report  annually  to  the 
county  superintendent  all  library  statistics  which  may 
be  required  by  the  blanks  furnished  for  that  purpose 
by  the  superintendent  of  public  instruction. 


Furniture  and 
apparatus. 


School  library. 


Appoint  librar- 
ian. 


Rules  govern- 
ing use  of 
books. 


May  exchange 
or  exclude 
books. 


Annual  report. 


44 


GENERAL  SCHOOL  LAWS 


Who  may 
teach. 


Comtract. 


Salaries 

graded. 


Minimum  sal- 
ary, second 
grade,  $45  per 
month 


May  admit 
pupils  from 
other  districts. 


May  transfer 
pupils. 


Sec.  695.  (Amended.)  TEACHERS,  HOW  EM- 
PLOYED. SALARIES,  HOW  GRADED.— It  shall 
employ  the  teachers  of  the  school  district  and  may  dis- 
miss a teacher  at  any  time  for  plain  violation  of  con- 
tract, gross  immorality  or  flagrant  neglect  of  duty.  No 
person  shall  be  permitted  to  teach  in  any  public  school 
who  is  not  the  holder  of  a teacher’s  certificate  or  a 
permit  to  teach,  valid  in  the  county  or  district  in  which 
such  school  is  situated,  and  every  contract  for  the  em- 
ployment of  a teacher  must  be  in  writing  and  such 
contract  must  be  executed  before  such  teacher  begins 
to  teach  in  such  school.  It  shall  grade  the  salaries  of 
teachers  for  the  district  in  accordance  with  the  grades 
of  certificate  and  no  teacher  holding  a certificate  of  a 
lower  grade  shall  receive  a salary  equal  to  or  in  excess 
of  that  paid  to  a teacher  holding  a certificate  of  a 
higher  grade  in  the  same  district;  provided,  further, 
that  no  teacher  holding  a second  grade  certificate  shall 
receive  less  than  forty-five  dollars  per  month  on  and 
after  the  passage  and  taking  effect  of  this  act.  And 
nothing  in  this  section  shall  be  construed  to  mean  that 
teachers  holding  the  same  grade  of  certificate  must 
necessarily  receive  the  same  wages. 

Sec.  696.  (Amended.)  PUPILS  EROM  OTHER 
DISTRICTS. — It  shall  have  the  power  to  admit  to 
the  schools  in  the  district  pupils  from  other  districts, 
when  it  can  be  done  without  injuring  or  overcrowding 
such  schools  and  shall  make  regulations  for  their  ad- 
mission and  the  payment  of  their  tuition.  It  shall  have 
the  power  to  arrange  with  the  board  of  an  adjacent 
district  for  sending  to  such  district  such  pupils  as  can, 
conveniently  be  taught  therein,  for  paying  their  tuition, 
and  for  arranging  and  paying  for  their  transportation 
to  and  from  the  school  in  such  district ; and  when 
petitioned  by  a majority  of  the  voters  of  a district  it 
shall  be  the  duty  of  the  board  of  any  district  to  arrange 
for  sending  to  such  district  such  pupils  as  can  conven- 
iently be  taught  therein,  for  paying  their  tuition  and  for 
arranging  and  paying  for  their  transportation  to  and 
from  the  school  in  such  district.  It  shall  have  the 
power  to  admit  to  the  schools  in  the  district  pupils  re- 
siding in  unorganized  territory  adjacent  to  the  district, 
and  shall  arrange  with  the  parents  or  guardians  of  such 
pupils  for  paying  their  tuition  ; but  in  no  instance  shall 
a board  refuse  privileges  to  or  collect  tuition  from 
pupils  residing  in  such  adjacent  unorganized  territory, 
if  the  parents  of  such  pupils  are  property  holders  in 


STATE  OF  NORTH  DAKOTA 


45 


the  district  and  pay  taxes.  It  shall  also  have  the  power 
to  make  proper  and  needful  rules  for  the  assignment 
and  distribution  of  pupils  to  and  among  the  schools 
in  the  district,  and  their  transfer  from  one  school  to 
another.  (See  appendix  D,  note  14.) 

Sec.  697.  RULES.  SUSPENSION  OE  PU- 
PILS.— It  shall  assist  and  co-operate  with  teachers 
in  the  government  and  discipline  of  the  schools,  and 
may  make  proper  rules  and  regulations  therefor.  It 
may  suspend  or  expel  from  school  any  pupil  who  is 
insubordinate  or  habitually  disobedient,  but  such  sus- 
pension shall  not  be  for  a longer  period  than  ten  days 
nor  such  expulsion  beyond  the  end  of  the  current  term 
of  school. 

Sec.  698.  BRANCHES  OE  STUDY.— Subject 
to  the  approval  of  the  county  superintendent,  it  shall 
have  power  to  determine  what  branches,  if  any,  in  addi- 
tion to  those  required  by  law  shall  be  taught  m any 
school  of  the  district. 

Sec.  699.  TAX  LEVY.  NOTICE  TO  COUNTY 
AUDITOR. — It  shall  have  power  to  lev_y  upon  the 
property  in  the  district  a tax  for  school  purposes  of 
not  exceeding  thirty  mills  on  the  dollar  in  any  year, 
which  levy  shall  be  made  by  resolution  of  the  board  prior 
to  the  twentieth  day  of  July.  The  clerk  shall  immedi- 
ately thereafter  notify  in  writing  the  county  auditor 
of  the  amount  of  tax  so  levied.  It  shall  not  have 
power  to  abate  or  reduce  the  amount  of  tax  so  levied 
after  the  county  auditor  has  been  notified  of  the 
amount  of  such  levy.  (See  Appendix  C,  VI.  if.) 

Sec.  700.  WHEN  SCHOOL  HOUSES  CAN 
BE  USED  FOR  OTHER  PURPOSES.— It  may  per- 
mit a school  house,  when  not  occupied  for  school  pur- 
poses, to  be  used  under  careful  restrictions  for  any 
proper  purpose,  giving  equal  rights  and  privileges  to 
all  religious  denominations  or  political  parties,  but  for 
any  such  use  or  privilege  it  shall  not  be  at  any  cost 
for  fuel  or  otherwise  to  the  district.  Nor  shall  any 
furniture  which  is  fastened  to  the  floor  be  removed, 
and  whoever  removes  any  school  furniture  for  any 
other  purpose  than  repairing  the  same  or  for  repair- 
ing the  school  room  shall  be  guilty  of 
a misdemeanor  and  shall  be  fined  not  less 
than  five  nor  more  than  ten  dollars  for  each  offense. 
All  fines  imposed  and  collected  under  the  provisions 
of  this  section  shall  be  paid  into  the  general  school 
fund  of  the  state. 


Government 
and  discipline. 


Suspension. 


Course  of 
study. 


Tax  levy — 
how  made  and 
when. 


No  reduction — 
when. 


School  house 
used  for  other 
purposes. 


Conditions. 


Removal  of 
furniture. 


Fines. 


46 


GENERAL  SCHOOL  LAWS 


School  sites — 
how  selected. 


Procedure. 


No  removal 
within  3 years. 


Grants— how 
taken. 

Area. 


Eminent  do- 
main. 


Reversion  on 
repayment. 


Sec.  701.  SCHOOL  HOUSES  AND  SITES, 
HOW  DETERMINED.— Whenever  in  the  judg- 
ment of  the  bear'd  it  is  desirable  or  necessary  to  the 
welfare  of  the  schools  in  the  district  or  to  provide  for 
the  children  therein  proper  school  privileges,  or  when- 
ever petitioned  so  to  do  by  one-third  of  the  voters  in 
the  district,  the  board  shall  call  a meeting  of  the  voters 
in  the  district  at  some  convenient  time  and  place  fixed 
by  the  board  to  vote  upon  the  question  of  the  selection, 
purchase,  exchange  or  sale  of  a school  house  site,  or 
the  erection,  removal  or  sale  of  a school  house.  Said 
election  shall  be  conducted  and  votes  canvassed  in  the 
same  manner  as  at  the  annual  election  of  school  offi- 
cers. Three  notices  of  the  time,  place  and  purpose  of 
such  meeting  shall  be  posted  in  three  public  places  in 
the  district  by  the  clerk,  at  least  ten  days  prior  to  such 
meeting.  If  a majority  of  the  voters  present  at  such 
meeting  shall  by  vote  select  a school  house  site,  or  shall 
be  in  favor  of  the  purchase,  exchange  or  sale  of  the 
school  house,  ns  the  case  may  be,  the  board  shall  locate, 
purchase,  exchange  or  sell  such  site,  or  erect,  remove 
or  sell  such  school  house,  as  the  case  may  be,  in  ac- 
cordance with  such  vote ; provided,  that  it  shall  require 
a vote  of  two-thirds  of  the  voters  present  and  voting  at 
such  meeting  to  order  the  removal  of  the  school  house 
and  such  school  house  so  removed  cannot  again  be 
removed  within  three  years  from  the  date  of  such 
meeting.  {See  Appendix  C. — VI,  i,  a,  b,  f.) 

Sec.  702.  SCHOOL  HOUSE  SITES,  HOW  OB  - 
TAINED.— The  school  board  of  any  school  district 
may  take  in  the  corporate  name  thereof,  any  real  prop- 
erty not  exceeding  two  acres  in  area  chosen  as  a site 
for  school  house,  as  provided  in  this  chapter,  and 
may  hold  and  use  such  tract  for  school  purposes  only. 
Should  the  owner  of  such  real  property  refuse  or 
neglect  to  grant  and  convey  such  site,  a site  for  such 
school  house  n:iay  be  obtained  by  proceeding  in 
eminent  domain  as  provided  in  the  code  of  civil  pro- 
cedure. If  the  site  so  selected  is  not  used  for  the  pur- 
poses for  which  it  is  taken  for  two  successive  years, 
it  shall  revert  to  the  original  owner  or  his  assigns  up- 
on repayment  of  the  sum  originally  paid  by  the  cor- 
poration together  with  a reasonable  consideration  for 
the  improvement.  If  such  owner  or  his  assigns 
neglects  or  refuses  to  make  such  repayment  for  one 
year  after  demand  therefor  by  the  board  such  site 
shall  be  the  property  of  the  district. 


STATE  OF  NORTH  DAKOTA 


47 


Sec.  703.  SCHOOLS  TO  BE  ORGANIZED  ON 
PETITION. — If  a petition  signed  by  the  persons 
charged  with  the  support  and  having  the  custody  and 
care  of  nine  or  more  children  of  school  age,  all  of 
whom  reside  not  less  than  two  and  one-half  miles 
from  the  nearest  school,  is  presented  to  the  board  ask- 
ing for  the  organization  of  a school  for  such  children, 
the  board  shall  organize  such  school  and  employ  a 
teacher  therefor  if  a suitable  room  for  such  school 
can  be  leased  or  rented  at  some  proper  location,  not 
more  than  two  and  one-half  miles  distant  from  the 
residence  of  any  one  of  such  children,  and  if  such 
petition  is  signed  by  the  persons  charged  with  the  sup- 
port and  having  the  custody  and  care  of  twelve  or 
more  such  children  the  board  shall  organize  a school 
and  employ  a teacher  therefor,  and  if  no  suitable  room 
for  such  school  can  be  leased  or  rented,  the  board 
shall  call  a meeting  of  the  voters  of  the  district  for 
the  selection  and  purchase  of  a school  house  site  there- 
for and  the  purchase  or  erection  of  a school  house 
as  provided  for  in  section  701.  If  at  such  meeting  no 
such  site  is  selected  or  if  it  is  not  voted  to  erect  or 
purchase  a school  house  for  such  school  the  board 
shall  select  and  purchase  a school  house  site,  and  erect, 
purchase  or  move  thereon  a school  house  at  a cost  of 
not  more  than  seven  hundred  dollars  for  such  house 
and  furniture  therefor;  provided,  that  the  provisions 
of  this  section  shall  not  apply  in  instances  where 
schools  have  been  consolidated  in  accordance  with 
the  provisions  of  section  704. 

Sec.  704.  {Amended.)  SCHOOL  TERMS,  HOW 
ARRANGED  AND  WHEN  DISCONTINUED. 
CONSOLIDATION  OF  COMMON  SCHOOLS.— 
The  district  board  shall  determine  and  fix  the  length 
of  time  the  schools  in  the  district  shall  be  taught  each 
year,  and  when  each  term  of  school  shall  begin  and 
end.  It  shall  so  arrange  such  terms  as  to  accommo- 
date and  furnish  school  privileges  equally  and  equit- 
ably to  pupils  of  all  ages ; provided,  that  every  com- 
mon school  shall  be  kept  in  session  for  not  less  than 
six  months  in  each  school  year ; provided,  further, 
that  any  school  may  be  discontinued  when  the  average 
attendance  of  pupils  therein  for  ten  consecutive  days 
shall  be  less  than  four;  and  all  contracts  between 
school  boards  and  teachers  shall  contain  a provision 
that  no  compensation  shall  be  received  by  such  teacher 
from  the  date  of  such  discontinuance,  or  when,  with 


New  school  for 
remote  pupils. 


Call  meeting  to 
select  site. 


Length  of  time 
of  school  each 
year. 


Not  less  than 
six  months. 


48 


GENERAL  SCHOOL  LAWS 


Conveying 

pupils. 


Consolidation. 


Transportation 
and  routes  of 
travel. 


Nine  months 
school—when. 


District  high 
schools. 


How  estab- 
lished. 


the  consent  of  a majority  of  the  patrons  of  such 
school,  proper  and  convenient  school  facilities  can  be 
provided  for  the  pupils  therein  in  some  other  school ; 
provided,  further,  that  a board  may  call,  and,  if  peti- 
tioned by  one-third  of  the  voters  in  the  district,  shall 
call  an  election  to  determine  the  question  of  “convey- 
ing pupils  at  the  expense  of  said  district  to  and  from 
schools  already  established,”  or  “of  consolidating  two 
or  more  common  schools,  and  of  selecting  a site  and 
erecting  a suitable  building,  or  of  making  suitable 
additions  to  buildings  already  erected,  to  accommodate 
the  pupils  of  schools  to  be  vacated.”  Said  elections 
shall  be  conducted,  both  as  to  notices  and  as  to  man- 
ner of  canvassing  the  votes,  in  the  same  manner  as  the 
annual  school  election.  If  a majority  of  the  votes 
cast  at  such  election  are  in  favor  of  conveying  pupils  to 
and  from  schools  already  established  or  of  consolidat- 
ing two  or  more  schools  and  of  providing  a suitable 
building  for  the  accommodation  of  the  pupils  of  vacated 
schools,  then  the  board  shall  make  all  necessary  ar- 
rangements to  carry  out  the  decision  of  the  district. 
The  board  shall  arrange  for  the  transportation  of 
pupils  to  and  from  such  schools.  It  shall  establish 
routes  of  travel,  adopt  rules  and  regulations  for  such 
transportation  and  shall  contract  with  responsible 
parties  for  such  transportation. 

Sec.  'TOS.  ADDITIONAL  SCHOOL  TIME.— If 
a majority  of  the  patrons  of  any  school  averaging 
for  its  last  te^*m  twelve  or  more  pupils  in  daily  attend- 
ance, shall  petition  the  board  to  continue  such  school 
for  an  additional  time,  not  exceeding  nine  months  in 
any  school  year,  the  board  shall  continue  such  school 
for  that  length  of  time,  if  there  are  funds  in  the  treas- 
ury sufficient  for  that  purpose. 

Sec.  706.  {Amended.)  DISTRICT  HIGH 
SCHOOLS,  HOW  ESTABLISHED  AND  CON- 
TROLLED.— In  any  district  containing  four  or  more 
common  schools,  and  having  an  enumeration  of  sixty 
or  more  persons  of  school  age  residing  therein  the 
board  may  call,  and  if  petitioned  so  to  do  by  ten 
or  more  voters  in  the  district,  shall  call  a meeting  of 
the  voters  of  such  district  in  the  manner  prescribed 
in  section  701  to  determine  the  question  of  the  estab- 
lishment of  a district  high  school.  If  a majority  of 
the  voters  at  such  meeting  vote  in  favor  of  establishing 
such  high  scliool,  the  meeting  shall  further  proceed 
to  select  a site  therefor,  and  to  provide  for  the  erec- 


STATE  OF  NORTH  DAKOTA 


49 


tion  or  purchase  of  a school  building,  or  for  the  neces- 
sary addition  to  some  school  building  therefor. 
Thereupon  the  board  shall  erect  or  purchase  a building 
JOT  make  such  addition  for  such  high  school,  as  shall 
be  determined  at  such  meeting  and  shall  establish 
therein  a district  high  school  containing  one  or  more 
departments,  and  employ  teachers  therefor.  Such 
school  shall  be  kept  in  session  for  such  time  each  year, 
not  less  than  three  months,  as  the  board  may  deter- 
mine. The  board  shall,  subject  to  the  approval  of  the 
county  superintendent,  grade  such  high  school,  and 
prescribe  the  studies  to  be  pursued  therein,  and  shall 
have  the  same  management  and  control  thereof  as  of 
the  common  schools  in  the  district.  Two  or  more  ad- 
jacent school  districts  may  join  in  the  establishment 
and  maintenance  of  such  high  school,  or  of  a graded 
school  or  of  both,  when  empowered  so  to  do  by  a 
majority  of  the  voters  in  each  district,  at  a meeting 
called  and  held  as  provided  for  in  this  section,  in  which 
case  the  building  and  furniture  occupied  and  used 
for  such  high  school  or  graded  school  shall  belong 
to  the  districts  so  uniting,  and  all  the  costs  of  main- 
taining such  school,  or  schools,  including  wages  of 
teachers  and  all  necessary  supplies  shall  be  paid  by 
such  districts  in  proportion  to  the  assessed  valuation 
of  the  property  in  each,  and  the  employment  of 
teachers  therefor,  and  the  management,  control  and 
grading  thereof  shall  be  vested  in  the  joint  boards 
of  such  districts,  subject  to  the  approval  of  the  county 
superintendent  of  the  county  in  which  such  districts 
are  located. 

Sec.  707.  {Amended.)  SCHOOL  CENSUS. 
ANNUAL  SCHOOL  REPORT.— The  school  board 
shall  cause  the  clerk  to  make  an  enumeration  at  the 
close  of  each  school  year  of  all  unmarried  persons  of 
school  age,  being  over  six  and  under  twenty,  having 
their  legal  residence  in  the  district,  who  have  attended 
school  for  a period  of  not  less  than  sixty  days,  exclu- 
sive of  any  unmarried  person  of  school  age  who  has 
attended  any  model  school,  school  for  defective  chil- 
dren, manual  training  school,  school  of  forestry, 
normal  school,  school  of  science,  agricultural  college 
or  university,  supported  directly  or  in  any  part  by  the 
slate,  giving  the  names  and  ages  of  such  persons  and 
the  names  of  parents  and  guardians  having  the  care 
and  custody  of  each ; also  the  names,  ages  and  post- 
office  addresses  of  parents  and  guardians  of  each  deaf 


Length  of  term 


Course  of 
study. 


Adjacent  dis- 
tricts may 
unite. 


Census. 


Defect!  v'es. 


Enumeration — 
how  made  and 
when. 


School  Laws— 4 


50 


GENERAL  SCHOOL  LAWS 


Reports  to 
whom  sent. 


Records  to 
public. 


English  lan- 
guage used 
exclusively. 


and  dumb,  blind  and  feeble  minded  person  between  the 
ages  of  five  and  twenty-five  years,  residing  in  the  dis- 
trict, including  all  such  persons  as  may  be  too  deaf  or 
feeble  minded  to  acquire  an  education  in  the  common 
schools.  The  enumeration  shall  be  made  upon  and  in 
accordance  with  the  blanks  furnished  therefor  by  the 
county  superintendent,  and  shall  be  returned  to  the 
county  superintendent  prior  to  the  tenth  day  of  July. 
A copy  of  the  enumeration  of  such  deaf  and  dumb  per- 
son shall  be  furnished  the  superintendent  of  the  school 
for  the  deaf ; a copy  of  the  enumeration  of  such  blind 
person  shall  be  furnished  to  the  superintendent  of  the 
school  for  the  blind,  and  an  enumeration  of  such  fee- 
ble minded  persons  shall  be  furnished  to  the  super- 
intendent of  the  institution  for  the  feeble  minded  by 
the  county  superintendent  immediately  upon  receipt 
of  the  same.  A copy  of  such  enumeration  shall  also 
be  kept  in  the  office  of  the  district  clerk.  The  board 
shall  also  cause  the  district  clerk  to  make  out  an  an- 
nual report  for  the  year  beginning  July  1 and  ending 
June  30,  containing  such  financial  and  statistical  state- 
ments and  items  as  shall  be  required  by  the  superin- 
tendent of  public  instruction  upon  and  in  accordance 
with  the  blanks  furnished  therefor  by  the  county  su- 
perintendent. Such  report  shall  be  carefully  exam- 
ined and  certified  as  correct  by  The  board  at  its  regu- 
lar meeting  in  July  and  transmitted  to  the  county  su- 
perintendent prior  to  the  first  day  of  August  follow- 
ing. A copy  of  such  report  shall  be  filed  in  the  dis- 
trict clerk’s  office. 

Sec.  708.  RECORDS  OPEN  TO  INSPECTION. 
— All  reports,  books,  records,  vouchers,  contracts  and 
papers  relating  to  school  business  in  a school  district 
in  the  office  of  the  clerk  or  treasurer,  shall  at  all 
be  times  be  open  to  the  inspection  of  any  director,  who 
shall  advise  and  aid  in  securing  correct  records  and 
accounts  and  legal  reports,  and  they  shall  likewise  be 
open  to  the  superintendent  of  public  instruction,  and 
county  superintendent  and  any  particular  paper  or 
record  shall  be  exhibited  at  reasonable  hours  to  any 
voter  or  taxpayer- 

Sec.  709.  RECORDS  AND  TEACHING  IN 
ENGLISH. — All  reports  and  records  of  school  officers 
and  proceedings  of  all  school  meetings  shall  be  in 
the  English  language,  and  if  any  money  belonging  to 
any  district  shall  be  expended  in  supporting  a schoo:! 
in  which  the  English  language  shall  not  be  taught 


STATE  OF  NORTH  DAKOTA 


51 


exclusively,  the  county  superintendent  or  any  taxpayer 
of  the  School  corporation  may  in  a civil  action  in  the 
name  of  the  corporation  recover  for  such  corporation 
all  such  money  from  the  officer  so  expending  it  or 
ordering  or  voting  for  its  expenditure. 

Section  1.  Chap.  i88,  Laws  ipoi. — STABLES 
IN  RURAL  DISTRICTS.— If  in  any  rural  school 
district,  a petition  signed  by  the  persons  charged  with 
the  support  and  having  the  custody  and  care  of  eight 
or  more  children  of  school  age  is  presented  to  the 
school  board  asking  for  the  building  of  a suitable 
stable  upon  the  school  site,  the  board  shall  provide 
such  stable  without  unnecessary  delay. 

Sec.  2.  HITCHING  POSTS.— It  shall  be  the 
duty  of  the  school  board  in  rural  districts  to  provide 
four  substantial  hitching  posts  for  each  school  site  in 
the  district. 

Article  7. — School  Funds. 

Sec.  710.  STATE  TUITION  FUND,  HOW 
RAISED — The  net  proceeds  arising  from  all  fines  and 
penalties  for  violation  of  state  laws,  from  leasing  the 
school  lands  and  the  interest  and  income  from  the 
state  permanent  school  fund  shall  be  collected  and  paid 
into  the  state  treasury  in  the  same  manner  as  is  pro- 
vided by  law  for  the  collection  and  payment  of  state 
taxes,  and  shall  constitute  the  state  tuition  fund,  which 
shall  be  apportioned  among  the  several  counties  of 
the  state  in  proportion  to  the  number  of  children  of 
school  age  in  each  as  shown  by  the  last  enumeration 
authorized  by  law. 

Sec.  711.  COUNTY  TREASURER  TO  RE- 
PORT STATE  TUITION  FUND  QUARTERLY. 
SUPERINTENDENT  OF  PUBLIC  INSTRUC- 
TION APPORTIONS.— It  shall  be  the  duty  of  the 
county  treasurer  to  receive  from  the  proper  officers 
the  net  proceeds  of  fines,  penalties  and  forfeitures  for 
•violation  of  state  laws,  and  all  moneys  arising  from 
leasing  of  school  lands  within  the  county,  and  to  for- 
ward a detailed  statement  of  moneys  so  collected, 
specifying  the  amount  received  from  each  of  the  above 
sources,  to  the  state  auditor  at  the  same  time  that  he 
is  required  to  make  reports  of  other  moneys  to  such 
auditor.  It  shall  be  the  duty  of  the  state  auditor  on 
or  before  the  third  Monday  in  February,  May,  August 
and  November  in  each  year  to  certify  to  the  superin- 
tendent of  public  instruction  the  amount  of  the  state 


Stables. 


Hitching  posts 


State  Tuition 
Fund. 


Apportion- 

ment. 


Duty  of  coun- 
ty treasurer. 


Duty  of  state 
auditor. 


52 


GENERAL  SCHOOL  LAWS 


Apportionment 
by  state  super- 
intendent. 


Warrants. 


Interest  on 
permanent 
school  fund 
kept  separate 


State  institute 
fund. 


Special  fund.. 


tuition  fund  and  the  superintendent  of  public  in- 
struction shall  immediately  apportion  such  fund  among 
the  several  counties  of  the  state  in  proportion  to  the 
number  of  children  of  school  age  residing  in  each  as 
shown  by  the  last  enumeration  provided  for  by  law 
and  certify  to  the  state  auditor,  state  treasurer  and 
to  the  county  treasurer  and  county  superintendent  of 
each  county,  the  amount  apportioned  to  the  respective 
counties.  Immediately  upon  receipt  of  such  apportion- 
ment from  the  state  superintendent  as  herein  provided, 
the  state  auditor  shall  draw  a warrant  upon  the  state 
treasurer  for  the  full  amount  of  the  state  tuition  fund 
apportioned  lo  the  several  counties  and  shall  deliver 
the  same  to  the  state  treasurer  taking  his  receipt  there- 
for and  shall  notify  the  several  county  treasurers  of 
the  amounts  due  their  respective  counties  and  that 
such  warrant  had  been  issued  therefor  and  the  state 
treasurer  shall  pay  on  such  warrant  to  the  several 
county  treasurers  the  amount  due  their  respective 
counties ; provided,  however,  that  all  moneys  arising 
from  interest  on  the  permanent  school  fund  and  from 
leasing  school  lands  shall  be  aipportioned  under  a sep- 
arate item  and  such  money  shall  be  taken  account  of 
as  a separate  item  by  all  officers  making  or  certifying 
such  apportionment,  or  through  whose  hands  any  por- 
tion of  such  fund  shall  pass  and  it  is  further  made  the 
duty  of  the  district  treasurer  to  keep  such  fund  sep- 
arate from  all  other  funds  and  if  at  the  close  of  the 
school  year  any  part  of  such  fund  which  was  appor- 
tioned prior  to  the  third  Monday  of  November  of  such 
year  remains  in  the  hands  of  the  district  treasurer,  he 
shall  return  the  same  to  the  county  treasurer,  taking 
his  receipt  therefor,  and  the  county  treasurer  shall  re- 
turn all  such  funds  so  returned  or  that  were  not  drawn 
by  the  district  treasurer  from  the  county  treasury  to 
the  state  treasurer  who  shall  receipt  for  the  same, 
and  the  county  treasurer  shall  certify  to  the  state 
auditor  the  amount  so  returned  to  the  state  treasurer. 

Sec.  712.  FUNDS  DEFINED.  HOW  USED.— 
All  money  received  by  the  school  district  from  the  ap- 
portionment made  by  the  superintendent  of  public  in- 
struction shall  constitute  and  be  designated  the  state 
tuition  fund.  All  money  received  from  district  taxes, 
from  subscription,  from  sale  of  property,  or  from  any 
other  source  whatever  except  from  apportionment 
made  by  the  superintendent  of  public  instruction,  shall 


STATE  OF  NORTH  DAKOTA 


53 


be  designated  the  special  fund.  In  addition  to  the 
state  tuition  fund  and  the  special  fund,  a sinking  fund 
may  be  established  as  provided  by  this  article.  The 
state  tuition  fund  shall  be  used  only  in  the  payment 
of  teachers’  wages ; provided  that  if  the  state  tuition 
apportioned  to  any  district  in  one  year  is  insufficient 
for  the  payment  of  teachers’  wages  in  such  district 
any  money  on  hand  or  available  belonging  to  the  spec- 
ial fund  of  such  district  may  be  applied  to  meet  such 
deficiency;  provided,  further,  that  if  the  state  tuition 
fund  apportioned  to  any  one  district  in  any  one  year 
is  more  than  sufficient  for  the  payment  of  teachers’ 
wages  in  such  district  the  portion  of  such  fund  in  ex- 
cess  of  the  amount  so  required  may  be  applied  to  the 
payment  of  warrants  drawn  upon  the  special  fund 
of  such  district,  if  such  district  has  school  the  required 
number  of  months  during  such  year  as  required  by 
law. 

SCHOOL  FUNDS  TO  BE  DEPOSITED. 

( Chapter  105 , Laws  of  1905.) 

Section  1.  All  funds  of  each  and  every  city  or 
school  district  of  this  state  shall  be  deposited  by  the 
treasurer  of  the  city,  county  or  school  district,  as  soon 
as  received  by  him,  in  the  name  of  the  city  or  school 
district  of  which  he  is  an  officer,  in  such  bank  or  banks 
as  shall  have  been  designated  as  city  or  school  district 
depositories  in  accordance  with  this  act,  as  hereinafter 
provided. 

Sec.  2.  The  city  council  or  school  board  of  each 
and  every  city  or  school  district  of  this  state,  at  its 
first  regular  meeting  after  this  act  shall  take  effect  and 
at  its  first  regular  meeting  in  July  of  each  odd  num- 
bered year  thereafter,  shall  designate  one  or  more 
national  or  state  banks  in  its  city  or  district  or  county 
as  city  or  school  district  depositories,  in  which  all  the 
funds  of  such  city  or  school  district  shall  be  deposited. 

Sec.  3.  The  city  auditor  or  school  clerk  of  each  city 
or  school  district  shall  advertise  in  one  or  more  news- 
papers of  the  city,  county  or  village,  for  at  least  two 
weeks  immediately  prior  to  such  meeting  for  sealed 
proposals  for  the  deposit  of  funds  of  such  city  or 
school  district,  which  advertisements  shall  state  the 
date  up  to  which  such  proposals  will  be  received,  which 
date  shall  be  the  day  of  the  meeting  of  the  city  coun- 
cil or  school  board,  at  which  such  proposals  are  to  be 


Tuition  fund- 
how  used. 


Excess. 


Funds  to  be  de- 
posited. 


Board  desig- 
nates deposi- 
tories. 


Proposals  for 
deposits. 


54 


GENERAL  SCHOOL  LAWS 


Highest  bid 
accepted. 


Opened.  Such  proposals  shall  state  in  writing,  what 
rate  of  interest  will  he  paid  on  average  daily  balances 
during  the  month,  interest  to  be  paid  monthly  on  con- 
dition that  such  funds,  with  accrued  interest,  shall  be 
held  subject  to  draft  at  all  times  on  demand.  Such 
proposals  shall  be  enclosed  in  sealed  envelopes,  ad- 
dressed to  the  city  auditor  or  school  clerk  and  marked 
‘'proposals  for  deposit  of  city  or  school  funds,’’  and 
shall  be  by  the  city  auditor  or  school  clerk  filed  in  his 
office. 

Sec.  4.  Such  proposals  shall  be  presented  to  the 
city  council  or  school  board  at  such  meetings,  and 
then,  but  not  until  then,  shall  be  opened  by  the  city 
auditor  or  school  clerk  in  the  presence  of  the  council 
or  school  board,  and  the  council  or  school  board  shall 
•*^hereupon  proceed  to  accept  the  proposal  of  the  bank 
or  banks  offering  the  highest  rate  of  interest,  not  in- 
consistent therewith,  subject  to  the  filing  of  a satisfac- 
tory bond  as  hereinafter  provided,  the  amount  of 
which  bond  shall  then  and  there  be  fixed  by  the  city 
council  or  school  board.  Before  any  bank  shall  be 
designated  as  such  depository  it  shall  submit  to  the 
city  council  or  school  board  for  its  approval  a bond 
payable  to  the  city  or  school  district,  conditioned  for 
the  safe  keeping  and  repayment  of  any  and  all  funds 
deposited  in  such  banks,  which  bond  shall  be  signed 
by  not  less  than  five  freeholders  of  the  county  or  state 
as  sureties ; such  bond  to  be  in  the  sum  required  by 
the  city  council  or  school  board,  but  in  no  case  less 
than  double  the  probable  amount  of  funds  to  be  de- 
posited in  such  bank.  If  at  any  time  the  amount  of 
funds  on  deposit  in  any  of  such  depositories  shall  ex- 
ceed one-half  of  the  amount  named  in  such  bond,  it 
shall  be  the  duty  of  the  city  council  or  schobl  board  at 
its  next  regular  meeting  thereafter  to  require  from 
such  depository  an  additional  bond  in  a sum  not  less 
Additional  bond  than  twice  the  amount  of  such  excess.  Such  bond 
shall  be  approved  by  the  city  council  or  school  board 
and  the  approval  thereof  indorsed  thereon  by  the 
mayor  or  president  of  the  school  board,  and  by  him 
deposited  with  the  city  auditor  or  the  school  district 
clerk ; and  any  bank  whose  bond  shall  have  been  so 
approved  shall  thereupon  be  designated  by  the  city 
council  or  school  board  as  a city  or  school  district  de- 
pository and  shall  continue  as  such  until  such  time 
as  the  city  council  or  school  board  shall  advertise  for 


Bonds. 


STATE  OF  NORTH  DAKOTA 


55 


bids  as  aforesaid.  If  the  city  council  or  school  board 
fails  or  refuses  to  approve  such  bond,  the  same  may 
be  presented  to  the  judge  of  the  district  court,  upon 
three  days’  notice  to  the  city  auditor  or  school  district 
clerk,  who  shall  proceed  to  hear  and  determine  the 
sufficiency  of  such  bond,  and  may  approve  such  bond 
and  the  said  bank  shall  be  declared  a city  or  school  dis- 
trict depository  as  aforesaid.  The  sureties  on  such 
bond  shall  be  required  to  justify  as  required  by  law 
in  arrest  and  bail  -proceedings ; provided,  however, 
that  in  lieu  of  such  personal  bond,  the  city  council  or 
school  board  may  require  such  banks  or  bank  to  file  a 
surety  company  bond  for  a sum  equal  to  the  amount 
of  funds  such  bank  may  receive  according  to  the  pro- 
visions of  this  act.  If  at  any  time  the  amount  of 
funds  on  deposit  in  such  depositories  shall  exceed  the. 
amount  named  in  such  surety  company’s  bond,  it  shall 
be  the  duty  of  the  city  council  or  school  board  at  its 
next  regular  meeting  thereafter  to  require  from  such 
depositories  an  additional  surety  bond  in  the  sum  of 
not  less  than  the  amount  of  such  excess.  Such  surety 
company’s  bond  shall  be  approved  as  provided  by  law. 

Sec.  5.  When  two  or  more  banks  in  the  same  city 
or  village,  proposing  to  be  city  or  school  district  de- 
positories, offer  the  same  rate  of  interest,  it  shall  be 
the  duty  of  the  city  council  or  school  board  to  select, 
impartially,  as  many  of  such  banks  as  depositories  as 
offer  ample  security  for  such  deposits.  In  estimating 
the  value  of  the  security,  offered  by  any  proposed  de- 
pository, the  capital,  surplus  and  general  credit  of  the 
bank  shall  be  taken  into  consideration,  as  well  as  the 
bonds  proposed  to  be  given. 

Sec.  6.  In  case  two  or  more  banks  be  designated  as 
depositories,  the  city  or  school  district  treasurer  shall, 
as  far  as  practicable,  keep  in  each  of  the  several  de- 
positories equal  balances  at  all  times ; provided,  that 
in  cities  or  villages  where  two  or  more  banks  are  des- 
ignated as  depositories,  the  amount  deposited  in  any 
bank  shall  not  exceed  the  capital  of  such  bank ; pro- 
vided, further,  that  in  cities  or  villages  where  the  city 
or  school  board  deposits  exceed  the  capital  of  the 
banks  in  said  city  or  village,  then  the  city  council  or 
school  board  shall  deposit  the  funds  of  the  city  or 
school  district  in  the  banks  of  the  city  or  village  upon 
their  giving  a bond  according  to  law. 


More  than  one 
depository. 


Equal  balances. 


56 


GENERAL  SCHOOL  LAWS 


Time  deposit— 
when. 


Bond  for  time 
deposit. 


Two  per  cent 
limit. 


Penalty  for  vio- 
lation. 


Sec.  7.  Whenever  there  shall  be  accumulated  in 
the  sinking  fund,  or  any  other  revenue,  city  or  school 
district  fund,  established  by  law,  in  any  of  the  cities  or 
school  districts  of  this  state,  an  amount  of  money  ex- 
ceeding three  thousand  dollars,  and  for  which  there  is 
no  immediate  use,  the  city  council  or  school  board  of 
such  city  or  school  district  is  authorized  and  empow- 
ered to  direct  a time  deposit  of  such  funds  for  a period 
of  one  year  or  six  months,  as  they  may  deem  exped- 
ient, either  in  one  or  more  of  the  city  or  school  dis- 
trict depositories,  created  by  law,  or  such  state,  or  na- 
tional bank  as  the  city  council  or  school  board  may 
designate. 

Sec.  8.  The  depositories  for  such  time  deposits  of 
the  city  or  school  district  funds  may  be  designated  at 
any  regular  meeting  of  the  city  council  or  school  board 
of  such  city  or  school  district  upon  the  advertisement 
and  proposals  as  provided  by  law  for  designating  the 
depositories  of  the  general  city  or  school  district  funds, 
and  the  bank  or  banks  designated  as  the  depository  or 
depositories  of  such  time  deposits  of  such  city  or  school 
district  funds  shall  be  required  to  furnish  a bond  in 
the  same  amount,  manner  and  form  as  prescribed  by 
law  for  the  several  city  and  school  district  deposito- 
ries. 

Sec.  9.  To  further  secure  the  safety  of  the  city  or 
school  district  funds  deposited  under  the  provisions  of 
this  act,  the  city  council  or  school  board  shall  satisfy 
itself  of  the  responsibility  of  the  several  banks  pro- 
posing to  act  as  depositories,  and  any  bank  offering 
more  than  two  per  cent  per  annum  on  deposits,  subject 
to  check,  shall  not  be  designated  as  a depository  under 
the  provisions  of  this  act. 

Sec.  10.  All  funds  of  the  city  or  school  district  shall 
be  deposited  in  the  name  of  the  city  or  school  district 
by  the  city  treasurer  or  treasurer  of  the  school  dis- 
trict, as  soon  as  received  by  him,  in  such  bank  or  banks 
as  shall  have  been  designated  as  city  or  school  district 
depositories. 

Sec.  11.  If  any  city  or  school  district  treasurer 
shall  deposit  any  of  the  funds  of  his  city  or  school  dis- 
trict or  loan  the  same  in  any  manner  except  according 
to  the  provisions  of  this  article,  he  shall  be  liable  to  a 
penalty  of  five  hundred  dollars  for  each  deposit  or  loan 
so  made. 


STATE  OF  NORTH  DAKOTA 


57 


Sec.  12.  Each  depository  shall  furnish  to  the  city 
auditor  or  clerk  of  the  school  district  on  the  first  day 
of  each  month  an  itemized  statement  of  the  account 
of  the  city  or  school  district  with  such  depository,  duly 
verified  by  the  affidavit  of  the  cashier  of  such  bank, 
which  statement  shall  be  filed  and  carefully  preserved 
in  the  office  of  the  city  auditor  or  school  clerk.  All 
sums  of  interest  accruing  on  the  funds  deposited  as 
aforesaid  shall  be  credited  to  such  deposit  account  on 
the  first  day  of  each  month  for  the  preceding  month, 
and  a statement  of  such  interest  shall  be  rendered  by 
such  depository  to  the  city  auditor  or  school  clerk  on 
the  first  day  of  each  month  and  the  auditor  or  clerk 
shall  charge  the  treasurer  with  the  amount  thereof  and 
credit  the  sum  to  the  general  funds  of  the  city  or  school 
district. 

Sec.  13.  All  checks  drawn  upon  the  city  or  school 
district  depositories  shall  be  signed  by  the  city  or 
school  district  treasurer  in  the  name  of  the  city  or 
school  district,  by  himself  as  treasurer. 

Sec.  14.  It  is  the  duty  of  the  officers  mentioned 
in  this  article  to  comply  with  the  provisions  hereof ; 
provided,  that  in  cities  or  villages  where  only  one  bank 
is  located,  the  city  council  or  school  board  shall  desig- 
nate such  bank  or  other  bank  within  this  state  the  de- 
pository without  advertising  for  bids,  if  such  bank 
agrees  to  pay  interest  at  the  rate  of  at  least  two  per 
cent  per  annum  and  furnishes  a bond  as  hereinbefore 
provided  for  the  safe  keeping  and  repayment  of  any 
funds  deposited  in  such  bank.  In  cities  or  villages  or 
counties  where  there  is  no  bank  or  where  no  bank 
offers  to  comply  with  the  requirements  of  this  act,  the 
city  council  or  school  board  must  designate  some  bank 
or  banks  outside  of  such  city  or  village  and  within  this 
state  as  such  depositories,  but  [such]  bank  or  banks 
must  furnish  a bond  in  the  same  manner  as  other  de- 
positories. 

Sec.  15.  When  the  funds  of  any  city  or  school  dis- 
trict are  deposited  by  the  city  or  school  district  treas- 
urer as  provided  herein,  such  treasurer  and  his  sureties 
shall  be  exempt  from  all  liability  thereon  by  reason  of 
the  loss  of  any  funds  from  the  failure,  bankruptcy  or 
any  other  act  of  such  bank  to  the  extent  only  of  such 
funds  in  the  hands  of  such  bank  or  banks  at  the  time 
of  such  failure  or  bankruptcy. 

Sec.  16.  It  shall  not  be  incumbent  upon  the  city 
council  or  school  board  to  designate  depositories  as 


Monthly  state- 
ment. 


Interest. 


Checks. 


Where  only  one 
bank. 


Where  no  bank 


Treasurer  ex- 
empt from  lia 
bility. 


58 


GENERAL  SCHOOL  LAWS 


$1,000  limit. 


Penalty. 


Repeal. 


Funds  con- 
trolled by- 
treasurer. 


Books— how 
kept. 


No  tuition 
fund  without 
enumeration. 


Bond  and  oath 
of  treasurer 
must  be  filed. 


New  districts. 


Apportionment 

forfeited 


herein  provided  for  until  the  amount  in  such  city  or 
school  treasury  equals  or  exceeds  the  sum  of  one  thou- 
sand dollars. 

Sec.  17.  Any  officer  violating  any  of  the  provisions 
of  this  article  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  18.  All  acts  or  parts  of  acts  in  conflict  here- 
with are  repealed. 

Sec.  713.  FUNDS  CONTROLLED  AND  PAID 
OUT  BY  DISTRICT  TREASURER.— All  funds 
shall  be  kept  in  the  possession  or  under  the  con- 
trol of  and  paid  out  by  the  district  treasurer  except 
as  otherwise  provided  in  this  chapter,  and  he  shall 
keep  one  general  account  for  each  district  of  the  entire 
receipts  and  expenditures,  and  separate  itemized  ac- 
counts as  herein  provided  for  each  class  of  receipts 
and  expenditures.  His  books  shall  at  all  times  show 
by  entries  under  proper  heads  all  receipts  of  funds  and 
payments  made  therefrom,  so  as  to  enable  any  person 
readily  to  ascertain  any  balance  in  account  of  any  fund. 

Sec.  714.  {Amended.)  NOT  ENTITLED  TO 
TUITION  FUND,  WHEN.  ENUMERATION.— 
No  school  district  shall  be  entitled  to  receive  any  por- 
tion of  the  state  tuition  fund  that  fails  to  make  a re- 
port of  the  enumeration  of  the  children  of  school  age 
in  the  manner  provided  by  law,  nor  until  such  enumer- 
ation has  been  taken  and  reported  as  required  by  law 
The  county  superintendent  of  schools  shall  not  author- 
ize the  payment  of  money  apportioned  to  any  district 
unless  the  bond  and  oath  of  such  treasurer  has  been 
duly  approved  and  filed,  as  provided  for  by  section  689. 
New  districts  organized  after  the  annual  enumeration 
has  been  taken  shall  proceed  immediately  to  take  the 
enumeration  as  provided  by  law,  and  after  the  receipt 
of  such  enumeration  by  the  superintendent  of  public 
instruction  through  the  county  superintendent,  the 
newly  organized  district  shall  receive  its  proportionate 
share  of  the  funds  to  be  apportioned ; provided,  further, 
that  it  shall  be  the  duty  of  the  county  superintendent 
to  withhold  the  apportionment  of  the  county  and  state 
tuition  fund  from  any  school  district  other  than  the 
new  district  herein  provided  for,  which  has  not  main- 
tained school  therein  for  a period  of  not  less  than  four 
school  months  in  each  school  of  said  district  in  the 
school  year  preceding  such  apportionment  or  has  not 
otherwise  provided  school  facilities  for  the  pupils  of 
that  district. 


STATE  OF  NORTH  DAKOTA 


59 


Sec.  715.  (^Amended.)  APPORTIONMENT  OF 
STATE  TUITION  FUNDS  BY  COUNTY  SUP- 
ERINTENDENT.— Within  thirty  days  and  not  less 
than  twenty  days  after  receiving  the  certificate  of  ap- 
portionment from  the  superintendent  of  public  in- 
struction and  the  certificate  from  tlie  county  auditor 
as  provided  for  in  section  722  of  this  chapter,  the 
county  superintendent  shall  apportion  separately  to 
the  several  school  districts,  special  districts,  indepen- 
dent districts,  and  districts  organized  under  special 
laws  which  are  entitled  to  any  portion  of  the  state 
tuition  and  special  funds  within  the  county,  in  propor- 
tion to  the  number  of  children  residing  in  each  district 
over  six  and  under  twenty  years  of  age,  excluding  all 
married  persons,  as  appears  from  the  last  enumeration 
authorized  by  law,  upon  which  the  superintendent  of 
public  instruction  made  the  apportionment  to  the  sev- 
eral counties,  and  he  shall  immediately  notify  each 
district  treasurer  of  the  amount  of  tuition  fund  in  the 
county  treasury,  due  each  district,  and  shall  certify 
to  the  county  treasurer  and  to  the  county  auditor  the 
amount  due  each  school  district.  The  county  treas- 
urer shall  deliver  to  the  several  district  treasurers 
upon  the  order  of  the  county  auditor  the  amounts  ap- 
portioned to  their  respective  districts,  taking  a receipt 
therefor. 

Sec.  716.  SPECIAL  AND  INDEPENDENT 
DISTRICTS  AND  DISTRICTS  ORGANIZED 
UNDER  SPECIAL  LAWS  ENTITLED  TO  TUI- 
TION FUNDS. — -Special  and  independent  school  dis- 
tricts and  districts  organized  under  special  laws  shall 
be  entitled  to  receive  their  proportion  of  the  state  and 
special  tuition  funds;  provided,  that  the  clerk  or  sec- 
retary of  the  board  of  education  thereof  shall  make  a 
report  to  the  county  superintendent  of  the  enumeration 
of  children  of  school  age  therein  at  the  time  and  in 
the  manner  prescribed  in  this  chapter. 

Sec.  717.  {Amended.)  TREASURER’S  AC- 
COUNTS. ANNUAL  SETTLEMENT.— The  dis- 
trict treasurer  shall  open  new  accounts  with  each  fund 
at  the  beginning  of  each  school  year,  and  the  balance 
of  each  fund  shall  be  brought  down  and  become  a 
part  of  the  first  entry  in  opening  the  account  for  the 
new  year.  On  the  second  Tuesday  in  July  the  school 
board  shall  make  settlement  with  the  district  treasurer, 
and  shall  carefully  examine  his  books,  accounts  and 
vouchers  and  shall  ascertain  if  the  amount  of  all  war- 


County  super- 
intendent to 
apportion 
funds. 


And  notify  dis- 
trict treasurers 
thereof. 


Funds  to  spec- 
ial and  inde- 
pendent dis- 
tricts. 


Conditions. 


Treasurer’s  ac- 
counts—how 
kept. 


Settlement— 

when. 


60 


GENERAL  SCHOOL  LAWS 


Report  in  trip- 
licate. 


Form. 


Other  Items. 


rants,  bonds  and  coupons  paid  and  redeemed  or  paid 
in  part,  together  with  the  cash  in  his  hands  or  under 
his  control,  is  equal  to  the  amount  of  cash  on  hand  at 
the  beginning  of  the  school  year,  together  with  all 
money  received  by  him  from  all  sources  for  school 
purposes  during  the  year.  The  district  treasurer  shall 
deliver  to  the  board  at  such  annual  meeting  all  war- 
rants, bonds  and  coupons  paid  and  redeemed  by  him 
during  the  school  year  and  held  by  him  as  vouchers, 
taking  the  receipt  of  the  board  therefor,  and  such 
vouchers  shall  forthwith  be  filed  with  the  district 
clerk.  He  shall  at  that  meeting  make  his  annual  re- 
port in  triplicate,  one  copy  to  be  preserved  in  the  treas- 
urer’s office,  one  to  be  filed  with  the  clerk  of  the 
school  board  and  one  to  be  transmitted  to  the  county 
superintendent  of  schools,  and  the  board  shall  cause 
to  be  published  an  itemized  statement  of  the  receipts 
and  expenditures  of  the  preceding  year  in  a newspa- 
per of  the  county  nearest  said  school  district ; provided, 
that  if  said  board  or  treasurer  shall  have  failed  to  pub- 
lish said  statement  by  the  first  of  September  following 
the  presentation  of  the  treasurer’s  annual  report,  then 
it  shall  be  the  duty  of  the  county  superintendent  of 
schools  to  cause  the  publication  of  the  same  in  a news- 
paper of  the  county,  said  publication  to  be  paid  for  by 
the  school  district.  The  treasurer’s  reports  shall  show 
the  following: 

RECEIPTS. 

The  balance  at  the  close  of  the  year. 

The  amount  received  into  the  state  tuition  fund. 

The  amount  received  into  the  state  special  fund. 

The  amount  received  into  the  sinking  fund. 

EXPENDITURES. 

The  amount  paid  for  school  houses,  sites  and  fur- 
niture. 

The  am.ount  paid  for  apparatus  and  fixtures. 

The  amount  paid  for  teachers’  wages. 

The  amount  paid  for  services  and  expenses  of  school 
officers. 

The  amount  paid  for  redemption  of  bonds. 

The  amount  paid  for  interest  on  bonds. 

The  amount  paid  for  incidental  expenses. 

The  cash  on  hand  at  the  close  of  the  school  year. 

Such  report  shall  include  such  other  items  as  may 
be  required  by  the  district  board,  or  the  superintend- 
ent of  public  instruction,  and  shall  be  upon  and  in  con- 


STATE  OF  NORTH  DAKOTA 


61 


formity  with  the  blanks  furnished  him  for  that  pur- 
pose. (See  Appendix  B. — Sec-  30^.) 

Sec.  718.  WHEN  COUNTY  TREASURER  TO 
PAY  FUNDS  TO  DISTRICT  TREASURER- - 
The  treasurer  of  each  district  shall  apply  to  the  county 
auditor  for  an  order,  and  the  county  treasurer  shall 
pay  over  to  him  on  such  order  all  of  the  school  money 
collected  for  such  district  and  all  school  money  ap- 
portioned to  such  district  by  the  county  superintendent 
and  the  county  auditor  shall  issue  such  order;  pro- 
vided, such  district  treasurer  has  qualified  and  filed 
his  oath  and  bond  as  provided  by  law.  It  shall  be  the 
duty  of  the  county  treasurer,  when  payment  is  made 
to  any  school  treasurer  of  any  funds  herein  provided 
for,  immediately  to  notify  the  clerk  of  the  school  board 
of  the  payment  of  the  same. 

Sec.  719.  COUNTY  TREASURER  TO  KEEP 
ACCOUNTS  WITH  SCHOOL  CORPORATIONS 
— Each  county  treasurer  shall  keep  a regular  account 
with  each  school  corporation,  in  which  he  shall  charge 
himself  with  all  taxes  collected  by  levy  of  the  district 
school  board  and  all  sums  apportioned  to  the  district 
by  the  county  superintendent  or  other  authority  and  all 
sums  received  from  the  district,  and  he  shall  credit 
himself  with  all  payments  made  to  the  treasurer  of  the 
district,  distinguishing  between  the  items  paid  by  ap- 
portionment, those  from  county  taxes  and  those  from 
other  sources.  He  shall  also  credit  himself  with  all 
payments  for  redemption  or  indorsement  of  warrants 
in  the  collection  of  taxes  and  shall  deliver  to  the  dis- 
trict treasurer  a duplicate  tax  receipt  for  the  amount 
of  each  warrant  so  indorsed  or  redeemed  together  with 
all  warrants  so  redeemed  at  the  time  of  making  other 
regular  payments  to  the  district  treasurer.  To  these 
credits,  to  balance  the  accounts,  he  shall  add  all  items 
for  legal  fees,  for  collection  and  other  duties. 

Sec.  720.  SCHOOL  TAXES,  HOW  AND 
WHEN  COLLECTED. — It  shall  be  the  duty  of  the 
county  treasurer  to  collect  the  taxes  for  sdiool  pur- 
poses at  the  same  time  and  in  the  same  niauner  that 
the  county  and  state  taxes  are  collected,  and  full  power 
is  hereby  given  him  to  sell  property  for  school  taxes 
the  same  as  is  provided  by  law  for  the  collection  of 
other  taxes.  Whenever  an  error  occurs  in  any  school 
corporation’s  tax  list  the  district  school  board  or  board 
of  education  in  special  or  independent  districts  or  dis- 
tricts organized  under  special  laws  may  correct  such 
errors  and  refund  such  taxes  improperly  collected.  All 


Funds  payable 
to  treasurer— 
when. 


Notice  to 
clerk. 


County  treas- 
urer’s ac- 
counts with 
school  districts 


Taxes  to  be 
collected  by 
county  treas- 
urer. 


Refund  of 
taxes. 


62 


GENERAL  SCHOOL  LAWS 


Tax  levy— 
when  and  how 
made. 


Notice  to 
county  auditor 


Levy  to  pay 
judgment. 


penalties  and  interest  collected  on  delinquent  school 
taxes  shall  be  applied  h > the  proper  fund  to  which  such 
delinquent  taxes  belong. 

Artdxe  8. — Taxes.  , 

Sec.  721.  SCHOOL  BOARD  TO  LEVY  TAX. 
— Each  district  school  board  shall  have  power  and  it 
shall  be  its  duty  to  levy  upon  all  property  subject  to 
taxation  in  the  district  a tax  for  school  purposes  of 
all  kinds  authorized  by  law,  not  exceeding  in  the  ag- 
gregate a rate  of  thirty  mills  on  the  dollar  in  any  one 
year.  Such  tax  shall  be  levied  by  resolution  of  the 
board  prior  to  the  twentieth  day  of  July  in  each  year, 
which  resolution  shall  be  entered  in  the  records  of  the 
proceedings  of  the  board.  The  clerk  shall  immediate- 
ly thereafter  notify  the  county  auditor  in  writing  of 
the  amount  of  tax  so  levied,  and  such  notice  shall  be 
in  substantially  the  following  form : 

State  of  North  Dakota.  ) 


County  of >ss. 

School  District ) 

To • 

County  Auditor  of  County. 

Sir: 


You  are  hereby  notified  that  the  school  board  of 

school  district  has  levied  a tax  of 

dollars  upon  all  real  and  personal  property  in  said  school 
district  for  school  purposes.  You  will  duly  enter  and 
extend  such  tax  upon  the  county  tax  list  for  collection 
upon  the  taxable  property  of  such  school  district  for 
the  current  year. 

Dated  at this  . . • . . day  of 190 . . 


District  Clerk. 

The  notice  of  a tax  to  pay  any  judgment  against 
the  district  shall  be  in  addition  to  the  regular  tax  and 
shall  be  certified  to  the  county  auditor  under  the  same 
general  form,  as  near  as  may  be ; provided,  that  if  the 
boundaries  of  such  district  shall  embrace  a portion  of 
two  counties  then  the  clerk  of  such  district  shall  cer- 
tify to  the  county  auditor  of  the  county  in  which  is 
located  the  original  district  to  which  such  portion  of 
the  district  embraced  in  the  other  county  is  attached 
in  addition  to  the  tax  levy  above  mentioned,  a list  and 
valuation  of  all  property  subject  to  taxation  in  such 
portion  of  such  district  embraced  in  the  other  county, 


STATE  OF  NORTH  DAKOTA 


63 


as  shown  by  the  assessor  making  the  assessment  in 
such  county,  township  or  assessor’s  district,  and  the 
auditor  shall  enter  such  property  upon  the  tax  dupli- 
cate of  his  county  and  levy  all  school  taxes  upon  the 
same,  and  the  county  treasurer  of  the  county  shall  col- 
lect the  taxes  levied  thereon  the  same  as  other  taxes 
are  collected  and  pay  the  same  over  to  the  treasurer 
of  the  district  entitled  thereto.  {See  Appendix  C. — V.) 

Sec.  722.  TAX,  HOW  LEVIED,  HOW  APPOR- 
TIONED. APPORTIONMENT  OF  DELIN- 
QUENT TAXES. — 1.  The  county  auditor  of  each 
county  shall  at  the  time  of  making  the  annual  assess- 
ment and  levy  of  taxes  levy  a tax  of  one  dollar  on  each 
elector  in  the  county  for  the  support  of  common 
schools,  and  a further  tax  of  two  mills  on  the  dollar 
on  all  taxable  property  in  the  county,  to  be  collected 
at  the  same  time  and  in  the  same  manner  as  other  taxes 
are  collected,  which  shall  be  apportioned  by  the  county 
superintendent  of  schools  among  the  school  districts 
of  the  county. 

2.  It  shall  be  the  duty  of  the  county  auditor  on  or 
before  the  third  Monday  in  February,  May,  August 
and  November  in  each  year,  to  certify  to  the  county 
superintendent  of  schools  the  amount  of  such  county 
tuition  fund,  which  the  countv  superintendent  of 
schools  shall  apportion  among  the  several  school  dis- 
tricts in  the  same  form  and  manner  as  provided  for 
the  apportionment  of  the  state  tuition  fund.  The 
county  superintendent  shall  file  with  the  county  audi- 
tor and  the  county  treasurer  a certified  statement 
showing  the  amount  apportioned  to  each  district. 

3.  It  shall  also  be  the  duty  of  the  county  auditor 
to  certify  at  the  time  herein  specified  the  amount  of 
delinquent  taxes  collected  for  the  special  tuition  fund 
prior  to  those  levied  for  the  year  1899  which  amounts 
shall  be  apportioned  by  the  county  superintendent  of 
schools  as  herein  provided;  and  the  county  treasurer 
shall  pay  such  amounts  to  the  district  treasurers  the 
same  as  other  special  funds  are  paid. 

Sec.  723.  MAXIMUM  LEVY  ‘FOR  FINAL 
JUDGMENT.  TAXES  TO  BE  UNIFORM.— 
When  any  final  judgment  shall  be  obtained  against  a 
school  district  the  board  thereof  shall  levy  a tax  up  - 
on the  taxable  property  of  such  district  not  exceed- 
ing in  amount  twenty  mills  on  the  dollar  in  any  one 
year,  which  shall  be  used  in  the  payment  thereof.  The 
county  auditor  shall  make  out,  charge  and  extend  up- 


Poll  tax. 


County  tuition 
fund. 


Apportioned 

how. 


Delinquent 

taxes. 


Levy  to  pay 
judgment. 


64 


GENERAL  SCHOOL  LAWS 


Taxes  to  be 
uniform. 


Assessor  to 
furnish  state- 
ment of  valua- 
tion. 


Taxes  how 
levied  in  dis- 
tricts having 
no  school 
board. 


Creditors  of 
such  district- 
how  paid. 


on  the  tax  list  against  each  description  of  real  prop 
erty  and  against  all  personal  property,  ana  upon  all 
taxable  property  of  the  district,  all  such  taxes  for 
schools  and  judgments  he  is  so  notified  has  been  levied 
by  the  district  in  which  the  property  is  situated  and 
taxable,  in  the  same  manner  in  which  the  county  and 
state  tax  list  is  prepared,  and  deliver  it  to  the  county 
treasurer  at  the  same  time.  All  taxes  for  school  pur- 
poses shall  be  uniform  upon  the  property  within  each 
school  district. 

Sec.  724.  STATEMENT  OF  ASSESSED  VAL- 
UATION.— Each  assessor  shall  on  or  before  the  first 
day  of  July  in  each  year  furnish  to  the  clerk  of  the 
school  district,  to  the  county  superintendent  of  schools 
and  to  the  county  auditor  a statement  of  the  assessed 
valuation  of  all  the  property  in  such  corporation  sub- 
ject to  taxation. 

Sec.  725.  INDEBTEDNESS  OF  DISTRICT, 
HOW  ADJUSTED  WHEN  NO  LEGAL  SCHOOL 
BOARD  EXISTS. — If  any  school  district  in  the  state 
has  for  one  or  more  years  past,  either  through  failure 
to  elect  a school  board  or  through  failure  of  the  county 
superintendent  to  appoint  a school  board,  been  with- 
out a legal  school  board  or  if  hereafter  any  school 
district  through  such  failure  to  elect  or  appoint  such 
school  board  shall  be  without  such  legal  school  board 
and  such  district  shall  have  an  authorized  indebtedness 
either  in  bonds,  interest  due  on  bonds,  or  otherwise, 
it  shall  be  the  duty  of  the  county  superintendent,  the 
county  treasurer  and  county  auditor,  acting  as  a board 
of  adjusters,  to  assess  upon  the  taxable  property  of 
such  school  corporation  a tax  not  to  exceed  twenty 
rhills  on  the  dollar  in  any  one  year  upon  the  assessed 
valuation  thereof  for  the  payment  of  the  same.  Which 
tax  so  levied  shall  be  extended  upon  the  tax  lists  by 
the  county  auditor  and  be  collected  by  the  county 
treasurer  as  other  taxes  are  collected  and  shall  be  ap- 
plied upon  and  used  for  the  payment  of  such  indebted- 
ness, and  shall  be  paid  to  the  creditors  of  such  district 
upon  the  warrant  of  the  county  auditor,  countersigned 
by  the  county  superintendent,  and  all  warrants,  bonds, 
interest  coupons,  receipted  bills  or  accounts  shall  be 
filed  in  the  office  of  the  county  auditor  and  in  the  case 
such  school  corporation  has  a bonded  indebtedness,  it 
shall  be  the  duty  of  such  board  of  adjusters  to  levy 
a tax  upon  the  property  of  such  district  sufficient  to 
create  a sinking  fund  for  the  redemption  of  such 


STATE  OF  NORTH  DAKOTA 


65 


bonds  upon  the  maturity  of  the  same,  such  sinking 
fund  to  be  levied  and  provided  for  in  compliance  with 
the  requirements  of  such  bonds. 

Article  9.~Vacancies. 

Sec.  726.  VACANCY  IN  OFFICE  SUPERIN- 
TENDENT PUBLIC  INSTRUCTION  FILLED 
BY  APPOINTMENT. — Should  a vacancy  occur  in 
the  office  of  the  superintendent  of  public  instruction, 
the  governor  shall  have  power  and  it  shall  be  his  duty 
to  fill  such  vacancy  by  appointment,  which  appointment 
shall  be  valid  until  the  next  general  election  and  until 
his  successor  is  elected  and  qualified. 

Sec.  727.  VACANCY  IN  OFFICE  OF  COUNTY 
SUPERINTENDENT. — Should  a vacancy  occur  in 
the  office  of  county  superintendent  of  schools,  the  board 
of  county  commissioners  of  such  county  shall  have 
power  and  it  shall  be  their  duty  to  fill  such  vacancy 
by  appointment,  as  provided  by  law,  which  appoint- 
ment shall  be  valid  until  the  next  general  election.  The 
county  auditor  shall  immediately  notify  the  superin- 
tendent of  public  instruction  of  such  appointment. 

Sec.  728.  VACANCY  IN  OFFICE  OF  DIREC- 
TOR OR  TREASURER,  HOW  FILLED.— When 
any  vacancy  occurs  in  the  office  of  director  or  treas- 
urer of  a school  district  by  death,  resignation,  removal 
from  the  district,  or  otherwise,  the  fact  of  such  vacan- 
cy shall  be  immediately  certified  to  the  county  superin- 
tendent by  the  clerk  of  the  district,  and  such  superin- 
tendent shall  immediately  appoint  in  writing  some  com- 
petent person  who  shall  qualify  and  serve  until  the 
next  annual  school  election.  The  county  superinten- 
dent shall  at  the  same  time  notify  the  clerk  of  the  school 
district  and  the  county  auditor  of  every  such  appoint- 
ment. 

Sec.  729.  VACANCY  IN  OFFICE  OF  CLERK, 
HOW  FILLED. — Should  the  office  of  clerk  of  a 
school  district  become  vacant,  the  school  board  shall 
immediately  fill  such  vacancy  by  appointment  and  the 
president  of  the  board  shall  immediately  notify  the 
county  superintendent  and  the  county  auditor  of  such 
appointment. 

Sec.  730.  OFFICE,  WHEN  DEEMED  VA- 
CANT.— Any  office  of  a school  district  shall  become 
vacant  by  resignation  of  the  incumbent  thereof,  but 
such  resignation  shall  not  take  effect  until  a successor 


state  Superin- 
tendent. 
Vacancy,  how 
filled. 


County  super- 
intendent. 


Vacancy,  how 
filled. 


District  offi- 
cers -vacancy, 
how  filled. 


School  clerk- 
vacancy,  how 
filled. 


Vacancy— 

when. 


School  Laws— 5 


66 


GENERAL  SCHOOL  LAWS 


Removal. 


Equalization 
of  property, 
funds  and 
debts. 


Arbitrators. 


Tax  levy  to 
equalize. 


has  qualified  according  to  law.  Any  office  of  a school 
district  shall  be  deemed  vacant  if  the  person  duly 
elected  thereto  shall  neglect  or  refuse  for  the  period  of 
two  weeks  after  the  beginning  of  the  term  for  which 
he  was  elected,  to  accept  and  qualify  for  such  office 
and  serve  therein.  Any  school  officer  may  be  removed 
from  office  by  a court  of  competent  jurisdiction,  as 
provided  by  law.  (Sec  Appendix  D,  Note  j.) 

Article  10. — Equalization  of  Indebtedness. 

Sec.  731.  EQUALIZATION  OF  INDEBTED- 
NESS BY  ARBITRATION.— After  the  boundaries 
of  a school  district  have  been  established  as  provided 
for  in  this  chapter  all  school  districts  or  parts  of  school 
districts  that  existed  as  school  corporations,  or  as  parts 
thereof  before  the  taking  effect  of  this  code  and  that 
are  now  included  in  one  school  district  shall  effect  an 
equalization  of  property,  funds  on  hand  and  debts,  or 
whenever  the  boundaries  of  two  or  more  districts  are 
re-arranged,  all  districts  affected  by  such  change  shall 
effect  an  equalization  of  property,  funds  on  hand  and 
debts.  To  effect  this  each  school  board  of  such  cor- 
poration constituting  a school  district  under  the  opera- 
tion of  this  chapter,  shall  select  one  arbitrator,  and 
the  several  arbitrators  so  selected,  together  with  the 
county  superintendent  shall  constitute  a board  of  ar- 
bitration to  effect  such  equalization.  If  in  any  case 
the  number  of  arbitrators,  including  the  county  super- 
intendent, shall  be  an  even  number,  the  county  treas- 
urer shall  be  included  and  be  a member  of  such  board. 
The  county  superintendent  shall  fix  the  time  and  place 
of  such  meeting. 

Sec.  732.  TAX  TO  EQUALIZE  AND  PAY  PRE- 
VIOUS DEBTS. — Such  board  shall. take  an  account 
of  the  assets,  funds  on  hand,  the  debts  properly  and. 
justly  belonging  to  or  chargeable  to  each  corporation 
or  part  of  a corporation  affected  by  such  change,  and 
levy  such  a tax  against  each  as  will  in  its  judgment 
justly  and  fairly  equalize  their  several  interests. 

Sec.  733.  MAXIMUM  ANNUAL  TAX  LEVY 
FOR  SUCH  PURPOSES.— When  the  amounts  to  be 
levied  upon  the  several  corporations  or  parts  of  cor- 
porations mentioned  in  the  preceding  section  shall  be 
fixed,  a list  thereof  shall  be  made  wherein  the  amount 
shall  be  set  down  opposite  each  corporation.  The  whole 
shall  be  stated  substantially  in  the  form  herein  required 
for  certifying  school  taxes  and  addressed  to  the  coun- 


STATE  OF  NORTH  DAKOTA 


67 


ty  auditor,  and  shall  be  signed  by  a majority  of  such 
board  of  arbitration;  such  levy  shall  be  deemed  legal 
and  valid  upon  the  taxable  property  of  each  corpora- 
tion; provided,  however,  that  not  more  than  fifteen 
mills  thereof  shall  be  extended  against  such  taxable 
property  in  any  one  year,  and  such  a levy  not  exceed- 
ing fifteen  mills  on  the  dollar  shall  be  extended  as  in 
this  section  provided  from  year  to  year,  until  the  whole 
amount  shall  be  so  levied.  The  county  auditor  shall 
preserve  such  levies  and  shall  extend  the  several  rates 
from  year  to  year,  as  above  required  by  law  for  district 
taxes  and  the  taxes  shall  be  collected  at  the  same  time 
and  in  the  same  manner  as  other  taxes  are  collected. 

Sec.  734.  PROCEEDS  TO  BE  TURNED  OVER 
TO  THE  RESPECTIVE  DISTRICTS.— Opposite 
the  several  descriptions  of  property  on  the  tax  list 
shall  be  entered  the  school  districts  within  which  it 
lies,  and  all  the  proceeds  of  these  equalizing  taxes  shall 
be  collected  and  paid  over  to  the  treasurer  of  the  proper 
school  district  within  which  the  property  is  situated. 
The  proceeds  of  taxes  upon  parts  of  districts  lying  out- 
side the  district  as  at  present  constituted  with  which 
they  were  equalized  shall  be  paid  to  the  treasurer  of  the 
school  district  within  which  the  property  is  situated, 
the  same  as  hereinbefore  provided  for  regular  taxes. 

Sec.  735.  MAXIMUM  TAX  LEVY  FOR  ALL 
SCHOOL  PURPOSES.~The  taxes  levied  for  pur- 
poses of  equalizaion  shall  be,  in  addition  to  all  other 
taxes  for  school  purposes ; provided,  that  all  taxes 
for  school  purposes,  including  such  taxes  for  equaliza- 
tion, shall  not  exceed  thirty  mills  on  the  dollar  in  any  one 
year.  The  provisions  of  this  article  shall  apply  to 
and  govern  all  school  districts  and  parts  of  school  dis- 
tricts hereafter  divided  or  consolidated  with  each  oth- 
er, or  with  other  districts  in  the  division  uniting  or 
apportionment  of  their  debts  and  liabilities  or  prop- 
erty and  assets. 

Article  11. — Examinations  and  Certificates. 

Sec.  736.  {Amended.)  EXAMINATIONS  FOR 
TEACHERS’  CERTIFICATES.— The  superinten- 
dent of  public  instruction  shall  prepare  or  cause  to 
be  prepared  all  questions  for  the  examination  of  appli- 
cants for  teachers’  certificates,  both  county  and 
state,  and  shall  prescribe  rules  for  the  conduct  of  all 
such  examinations.  He  shall  examine,  mark  and  file, 
or  cause  to  be  examined,  marked  and  filed,  all  answer 


Lievy  15  mills . 
per  year. 


Tax  shall  be 
paid  to  district 
treasurer. 


Tax  levy  not 
to  exceed  30 
mills. 


Teacher’s  ex- 
aminations. 


68 


GENERAL  SCHOOL  LAWS 


Professional 
certificate — 
how  obtained. 


Five  years’ 
experience. 

Normal  grad- 
uates. 


State  certifi- 
cates—first  class 


papers  submitted  by  candidates  for  first,  second  and 
third  grade  county  certificates,  which  answer  papers 
shall  be  forwarded  by  the  county  superintendent  im- 
mediately after  the  close  of  each  examination  to  the 
superintendent  of  public  instruction.  He  may  appoint 
such  clerical  assistants  as  he  may  deem  necessary,  but 
the  expenditures  therefor  shall  not  exceed  in  the  ag- 
gregate the  sum  annually  collected  from  applicants 
for  county  certificates  for  this  purpose. 

Sec.  737.  {Amended.)  LIFE  PROFESSIONAL 
CERTIFICATE,  WHO  ENTITLED.— He  may  issue 
a state  certificate,  to  be  valid  for  life,  unless  it  lapse  or 
be  revoked,  to  be  known  as  a life  professional  certifi- 
cate. Such  certificate  shall  be  issued  only  to  persons 
of  good  moral  character  who  pass  a thorough  exami- 
nation in  all  the  branches  included  in  the  course  of 
study  prescribed  for  the  common  and  high  schools  of 
the  state,  including  pedagogics  and  such  other 
branches  as  the  superintendent  of  public  instruction 
may  direct,  and  to  persons  who  have  received  degrees 
in  liberal  arts,  granted  by  any  college  or  university  of 
recognized  standing.  Such  certificate  shall  in  no  case 
be  granted  unless  the  applicant  has  had  an  experience 
as  a teacher  of  at  least  five  years ; provided,  that  any 
person  who  is  a graduate  of  the  normal  college  of  the 
university  of  North  Dakota  or  of  the  state  normal 
schools  of  North  Dakota,  and  has  had  three  years’ 
successful  experience  after  graduation,  may  be  granted 
such  certificate  without  further  examination ; provid- 
ed, further,  that  if  the  holder  of  a professional  certifi- 
cate shall  at  any  time  cease  to  teach  or  be  engaged  in 
other  educational  work  for  a period  of  five  years,  such 
certificate  shall  lapse  and  the  lapse,  with  date  and  cause 
shall  be  made  a matter  of  record  in  the  office  of  the 
state  superintendent  of  public  instruction.  Such  cer- 
tificate, however,  may  be  reinstated  under  such  rules 
as  may  be  prescribed  by  the  superintendent  of  public 
instruction. 

Sec.  738.  {Amended.)  STATE  CERTIFI- 
CATES. FIRST  AND  SECOND  CLASS.  SPE- 
CIAL. WHO  ENTITLED.— 1.  He  may  issue  a 
state  certificate,  to  be  valid  for  a term  of  five  years, 
unless  sooner  revoked,  to  be  known  as  a state  certifi- 
cate of  the  first  class.  Such  certificate  shall  be  issued 
only  to  persons  of  good  moral  character  who  have 
completed  the  prescribed  curriculum  of  study  in  the 


STATE  OF  NORTH  DAKOTA 


69 


normal  college  of  the  state  university  or  in  one  of  the 
normal  schools  of  the  state  or  in  a normal  school  else- 
where, having  a reputation  for  thoroughness  or  to 
those  persons  who  have  degrees  in  liberal  arts,  granted 
by  any  college  or  university  of  recognized  standing, 
but  the  superintendent  of  public  instruction  may  ex- 
amine any  such  applicant  in  his  discretion.  Such  cer- 
tificate shall  not  be  granted  unless  the  applicant  shall 
have  taught  school  successfully  for  at  least  eighteen 
months  after  graduation. 

2.  He  may  issue  a state  certificate,  to  be  valid  for 
a term  of  three  years,  unless  sooner  revoked,  to  be 
known  as  a state  certificate  of  the  second  class.  Such 
certificate  shall  be  issued  only  to  persons  of  good  moral 
character  who  have  completed  the  prescribed  curricu- 
lum of  study  in  any  reputable  normal  school  or  who 
have  received  degrees  in  liberal  arts  from  a college  or 
university  of  good  standing  in  this  state  and  have 
made  at  least  one  year’s  study  in  pedagogics,  such  as 
shall  be  prescribed  by  the  superintendent  of  public  in- 
struction, but  the  superintendent  of  public  instruction 
may  examine  any  such  applicant  in  his  discretion. 

3.  Any  person  who  is'  a graduate  of  the  normal 
college  of  the  university  of  North  Dakota  or  of  one  of 
the  normal  schools  of  North  Dakota,  and  who  has  had 
nine  months’  successful  experience  as  a teacher  after 
graduation  may  be  granted  the  state  certificate  of  the 
first  class;  provided,  that  a diploma  from  the  normal 
department  of  the  university  of  North  Dakota  or  of 
either  of  the  normal  schools  of  this  state  shall  be  the 
equivalent  of  a state  certificate  of  the  second  class,  if 
the  party  holding  such  diploma  have  the  required  age 
specified  in  section  742. 

4.  He  may  issue  special  certificates  authorizing  the 
holders  thereof  to  teach  music,  drawing,  kindergarten, 
primary  subjects  or  manual  and  industrial  training, 
which  ‘ certificates  shall  be  valid  throughout  the  state, 
each  for  a term  of  three  years,  under  such  regulations 
as  the  superintendent  of  public  instruction  may  pre- 
scribe ; provided,  that  graduates  from  the  state  manual 
training  school  shall  be  entitled  to  certificates  authoriz- 
ing them  to  teach  manual  and  industrial  training  with- 
out further  examination. 

Sec.  739.  {Amended.)  FEE  FOR  CERTIFI- 
CATE. CERTIFICATE,  HOW  REVOKED.— 
The  superintendent  of  public  instruction  shall  require 
a fee  of  five  dollars  from  each  applicant  for  a life  pro- 


Second  class. 


Special. 


Certificate  fee 


70 


GENERAL  SCHOOL  LAWS 


Revocation,  of 
certificate. 


Examination 
by  county  sup- 
erintendent. 


Papers  sent 
state  superin- 
tendent. 


Grades  of  cer- 
tificates and 
basis  thereof. 


fessiona'l  certificate ; a fee  of  three  dollars  for  a state 
certificate  of  the  first  or  second  class,  and  a fee  of  two 
dollars  from  each  applicant  for  a special  certificate, 
which  fee  shall  be  used  by  him  to  aid  in  the  establish- 
ment and  maintenance  of  teachers’  reading  circles  and 
in  the  professionalizing  of  teaching  in  the  state  in  such 
other  ways  as  he  may  deem  advisable.  He  shall  re- 
voke at  any  time  any  certificate  issued  in  this  state 
for  any  cause  which  would  have  been  sufficient  ground 
for  refusing  to  issue  the  same  had  the  cause  existed 
or  been  known  at  the  time  it  was  issued. 

Sec.  740.  {Amended.)  EXAMINATION  OF 
TEACHERS  BY  COUNTY  SUPERINTENDENT, 
“The  county  superintendent  shall  hold  a public  exam- 
ination of  all  persons  over  eighteen  years  of  age  offer- 
ing themselves  as  candidates  for  teachers  of  common 
schools  at  the  most  suitable  place  in  the  county,  on 
the  second  Friday  in  March,  and  on  the  last  Friday 
in  May,  August  and  October  of  each  year,  and  when 
necessary,  such  examination  may  be  continued  on  the 
following  day,  at  which  time  he  shall  examine  them 
by  a series  of  written  or  printed  questions,  according 
to  the  rules  prescribed  by  the  superintendent  of  public 
instruction.  The  county  superintendent  shall  forward 
all  answer  papers  submitted  by  candidates  for  county 
certificates,  designating  each  by  number  instead  of 
name,  immediately  after  the  close  of  the  examination 
to  the  superintendent  of  public  instruction  for  exam- 
ination, marking,  filing  and  recording.  The  superinten- 
dent of  public  instruction  shall  transmit,  within  thirty 
days  from  the  date  of  said  examination,  a record  of  the 
standings  of  each  applicant  to  the  county  superinten- 
dent who  shall  then  grant  to  the  applicant  a certificate 
of  qualification,  if  from  the  percentage  of  correct 
answers  required  by  the  rules,  saia  applicant  is  found 
to  possess  the  requisite  knowledge  and  understanding 
to  teach  in  the  common  schools  of  the  state  the  various 
branches  required  by  law ; provided,  the  county  super- 
intendent has  sufficient  evidence  that  the  candidate 
is  a person  of  good  moral  character,  has  had  success- 
ful experience^  if  any,  and  possesses  an  aptness  to 
teach  and  govern. 

Sec.  741.  {Amended.)  TEACHERS’  GRADES, 
HOW  ESTABISHED,  RE-EXAMINATION, 
WHEN  ALLOWED. — County  certificates  shall  be 
of  three  regular  grades : First  grade  for  a term  of 

three  years ; second  grade  for  a term  of  two  years. 


STATE  OF  NORTH  DAKOTA 


71 


and  third  grade  for  a term  of  one  year,  according  to 
the  ratio  of  correct  answers  for  each  applicant,  and 
other  evidence  of  qualification ; provided,  that  after 
January  1,  1908,  county  certificates  shall  be  of  two 
regular  grades:  First  grade  for  a term  of  three 

years  ; second  grade  for  a term  of  two  years.  No  cer- 
tificate shall  be  granted  unless  the  applicant  shall  be 
found  proficient  in  and  qualified  to  teach  the  common 
branches  of  a common  English  education,  reading, 
writing,  orthography,  language  lessons  and  English 
grammar,  geography.  United  States  history,  civil  gov- 
ernment, physiology  and  hygiene  and  can  pass  a satis- 
factory examination  in  physical  culture  and  theory 
and  practice  of  teaching.  In  addition  to  the  above,  an 
applicant  for  a first  grade  certificate  shall  pass  a sat- 
isfactory examination  in  physical  geography,  elemen- 
tary phvsics,  psychology,  elementary  algebra  and  ge- 
ometry. The  percentage,  required  to  pass  any  branch 
shall  be  prescribed  by  the  superintendent  of  public  in- 
struction. The  county  superintendent  may  grant  per- 
mission  to  teach  until  the  results  of  the  next  regular  teach, 
examination  are  received  from  the  superintendent  of 
public  instruction,  to  any  person  applying  at  any  other 
time  than  at  a regular  examination,  who  can  show  satis- 
factory reasons  for  failing  to  attend  such  examination 
and  satisfactory  evidence  of  qualification,  subject  to 
such  rules  and  regulations  as  may  be  prescribed  by 
the  superintendent  of  public  instruction.  Subsequent 
permits  may  be  granted  by  the  county  superintendent 
with  consent  and  approval  of  the  superintendent  of 
public  instruction.  The  written  answers  of  applicants 
for  county  certificates,  after  being  duly  examined  by 
the  superintendent  of  public  instruction,  shall  be  kept 
by  him  for  a period  of  six  months  after  such  exami- 
nation, and  any  candidate,  thinking  an  injustice  has 
been  done  him,  may,  by  paying  a fee  of  two  dollars 
into  the  institute  fund  of  the  county  and  notifying  both 
the  county  superintendent  and  the  superintendent  of 
public  instruction  of  the  same,  have  his  papers  reviewed 
by  the  superintendent  of  public  instruction,  in  person, 
and,  if  such  answers  warrant  it,  he  shall  instruct  the 
county  superintendent  to  issue  such  applicant  a county 
certificate  of  the  proper  grade  and  the  county  super- 
intendent shall  carry  out  such  instructions. 

Sec.  742.  {Amended.)  QUALIFICATIONS  OF 
TEACHERS.  CONTRACTS,  WHEN  VOID.— 


72 


GENERAL  SCHOOL  LAWS 


Certificates 
an3T  permits — 
tp  whom  is- 
sued. 


Valid  where. 


Fee, 


Contract  void, 
when. 


Fee  for  certi- 
ficate. 


No  certificate  or  permit  to  teach  shall  be  issued  to 
any  person  under  eighteen  years  of  age,  and  no  first 
grade  certificate  to  any  person  who  is  under  twenty 
years  of  age,  and  who  has  not  taught  successfully 
twelve  school  months,  and  no  person  shall  be  allowed 
to  teach  more  than  fifteen  school  months  on  third 
grade  certificates.  First  and  second  grade  certificates 
may  be  renewed  without  examination,  under  such  re- 
quirements as  shall  be  imposed  by  the  superintendent 
of  public  instruction.  The  certificate  issued  by  a 
county  superintendent  shall  be  valid  only  in  the  county 
where  issued;  provided,  that  a county  superintendent 
shall  indorse  for  the  full  period  for  which  they  are 
valid  when  presented  to  him  for  indorsement  first  and 
second  grade  certificates.  A fee  of  one  dollar  shall  be 
paid  into  the  institute  fund  of  the  county  for  each  re- 
newal or  indorsement.  No  person  shall  be  employed 
or  permitted  to  teach  .in  any  of  the  public  schools  of 
the  state,  except  those  in  cities  organized  for  school 
purposes  under  special  laws,  or  organized  as  indepen- 
dent districts,  under  the  general  school  laws,  who  is 
not  the  holder  of  a lawful  certificate  of  qualification 
or  a permit  to  teach,  and  no  teacher’s  certificate,  issued 
by  the  superintendent  of  public  instruction,  nor  a 
teacher’s  diploma  granted  by  any  institution  of  learn- 
ing in  this  state  shall  entitle  a person  to  teach  in  such 
public  schools  of  any  county,  unless  such  certificate  or 
diploma  shall  have  been  recorded  in  the  office  of  the 
county  superintendent  and  it  shall  be  the  duty  of  the' 
county  superintendent  to  record  such  certificate  or  di- 
ploma ; provided,  further,  that  no  certificate  or  permit 
to  teach  in  the  schools  of  the  state  shall  be  granted  to 
any  person  who  is  not  a citizen  of  the  United  States, 
unless  such  person  has  resided  in  the  United  States 
for  one  year,  at  least,  prior  to  the  time  of  such  applica- 
tion for  such  certificate  or  permit.  Any  contract  made 
in  violation  of  this  section  shall  be  void. 

Sec.  743.  {Amended.)  FEES  FOR  CERTIFI- 
CATE.— Each  applicant  for  a county  certificate  shall 
pay  two  dollars  to  the  county  superintendent,  one  dol- 
lar of  which  shall  be  paid  into  the  county  teachers’ 
institute  fund  to  be  used  in  support  of  teachers’  in- 
stitutes or  the  teachers’  training  schools  in  the  county, 
as  otherwise  provided,  and  one  dollar  of  said  fee  shall 
be  used  by  the  superintendent  of  public  instruction  for 
such  clerical  assistance  as  he  may  deem  necessary  and 


STATE  OF  NORTH  DAKOTA 


73 


competent  for  the  reading  of  teacher’s  answer  papers 
and  work  connected  therewith.  It  shall  be  the  duty 
of  the  county  superintendent,  immediately  after  each 
examination,  to  forward  one  dollar  for  each  applicant 
for  teacher’s  certificate  to  the  superintendent  of  public 
instruction,  such  sums  to  be  used  by  him  as  hereinbe- 
fore provided.  {See  Sections  646  and  755.) 

Sec.  744.  (Amende^d.)  CERTIFICATES,  WHEN 
REVOCABLE. — The  county  superintendent  is  au- 
thorized and  required  to  revoke  and  annul,  at  any 
time,  a certificate  granted  by  him  or  his  predecessor 
for  any  cause  which  would  have  authorized  or  re- 
quired him  to  refuse  to  grant  it,  if  known  at  the  time 
it  was  granted,  and  for  incompetency,  immorality,  in- 
temperance, cruelty,  crime  against  the  laws  of  the 
state,  breach  of  contract,  refusal  to  perform  his  duty  Revocation  of 
or  general  neglect  of  the  work  of  the  school.  The  rev- 
ocation  of  the  certificate  shall  terminate  the  employ- 
ment of  such  teacher  in  the  school  where  he  may  be 
at  the  time  employed.  Such  teacher  must  be  paid  up 
to  the  time  of  receiving  notice  of  such  revocation.  The 
county  superintendent  shall  immediately  notify  the 
clerk  of  the  school  district  where  such  teacher  is  em- 
ployed and  he  may  notify  the  teacher,  through  the 
clerk,  of  such  revocation,  and  he  shall  also  notify  the 
state  superintendent  of  public  instruction  and  each 
county  superintendent  in  the  state,  and  shall  enter  his 
action  in  such  case  in  the  books  of  record  in  his  office. 

Sec.  745.  PROCEEDINGS  TO  REVOKE. 

TEACHERS  ALLOWED  DEFENSE.— In  proceed- 
ings to  revoke  a certificate  the  county  superintendent 
may  act  upon  his  personal  knowledge  or  upon  com- 
petent evidence  obtained  from  others.  In  the  latter 
case,  action  shall  be  taken  only  after  a fair  hearing, 
and  the  teacher  must  be  notified  of  the  charge  and 
given  an  opportunity  to  make  a defense  at  such  time  Revocation 
and  place  as  may  be  stated  in  such  notice.  Upon  his  Procedure, 
own  knowledge  the  superintendent  may  act  immediate- 
ly without  notice,  after  an  opportunity  has  been  afford- 
ed such  teacher  for  personal  explanation.  When  any 
certificate  is  revoked  the  teacher  shall  return  it  to  the 
superintendent  but  if  such  teacher  refuses  or  neglects 
so  to  do  the  superintendent  may  issue  notice  of  such 
revocation  by  publication  in  some  newspaper  printed 
in  the  county. 


74 


GENERAL  SCHOOL  LAWS 


Opening  and 
closing  school 
—notice. 


No  compensa- 
tion to  teacher 
— when. 


Teacher’s  reg- 
ister. 


Report. 


Wages  held 
back. 


School  year. 


School  week. 


Holidays. 


Article  12. — Duties  of  Teachers. 

Sec.  746.  GIVE  NOTICE  OF  OPENING  AND 
CLOSING  SCHOOL. — Each  teacher  on  commencing 
a term  of  school  shall  give  written  notice  to  the  county 
superintendent  of  the  time  and  place  of  beginning  such 
school  and  the  time  when  it  will  probably  close.  If 
such  school  is  to  be  suspended  for  one  week  or  more 
in  such  term,  the  teacher  shall  notify  the  county  super- 
intendent of  such  suspension. 

Sec.  747.  WHEN  TEACHER  NOT  ENTITLED 
TO  COMPENSATION. — No  teacher  shall  be  en- 
titled to  or  receive  any  compensation  for  the  time  he 
teaches  in  any  public  school  without  a certificate  valid 
and  in  force  for  such  time  in  the  county  where  such 
school  is  taught,  except  that  if  a teacher's  certificate 
shall  expire  by  its  own  limitation  within  six  weeks 
of  the  close  of  the  term,  such  teacher  may  finish  such 
term  without  re-examination  or  renewal  of  such  cer- 
tificate. 

Sec.  748.  TEACHER'S  REGISTER,  WHAT  TO 
CONTAIN. — Each  teacher  shall  keep  a school  register 
and  at  the  close  of  each  term  make  a report,  containing 
the  number  of  visits  of  the  county  superintendent,  and 
such  items  and  in  such  form  as  shall  be  required.  Such 
report  shall  be  made  in  duplicate,  both  copies  of  which 
shall  be  sent  tc  the  county  superintendent,  who  if  he 
finds  such  report  to  be  correct,  shall  immediately  re- 
turn one  copy  to  the  district  clerk,  same  to  be  filed 
with  him.  No  teacher  shall  be  paid  the  last  month’s 
wages  in  any  term  until  such  report  shall  have  been 
approved  by  the  county  superintendent  and  one  copy 
returned  to  the  district  clerk. 

Sec.  749.  SCHOOL  YEAR  AND  SCHOOL 
WEEK  DEFINED.  HOLIDAYS.— The  school  year 
shall  begin  on  the  first  day  of  July  and  close  on  the 
thirtieth  day  of  June  of  each  year.  A school  week 
shall  consist  of  five  days  and  a school  month  of  twenty 
days.  No  school  shall  be  taught  on  a legal  holiday 
nor  on  any  Saturday.  A legal  holiday  in  term  time 
falling  upon  a day  which  otherwise  would  be  a school 
day  shall  be  counted  and  the  teacher  shall  be  paid 
therefor,  but  no  teacher  shall  be  paid  for  Saturday, 
nor  be  permitted  to  teach  on  Saturday,  to  make  up  for 
the  loss  of  a day  in  the  term.  (See  Appendix  D — 
Note  2y.) 


STATE  OF  NORTH  DAKOTA 


75 


Sec.  750.  {Amended.)  BRANCHES  TO  BE 
TAUGHT  IN  ALL  SCHOOLS.— Each  teacher  in  the 
common  schools  shall  teach  pupils  as  they  are  sufficient- 
ly advanced  to  pursue  the  same,  the  following  branches  : 
Orthography,  reading,  spelling,  writing,  arithmetic, 
language  lessons,  English  grammar,  geography,  Unit- 
ed States  history,  civil  government,  physiology  and  hy- 
giene, giving  special  instruction  concerning  the  nature 
of  alcoholic  drinks  and  other  narcotics  and  their  effect 
upon  the  human  system.  Physiology  and  hygiene,  in- 
cluding the  nature  of  alcoholic  drinks  and  other  nar- 
cotics and  their  effect  upon  the  human  system,  shall 
be  taught  as  thoroughly  as  any  branch  is  taught.  All 
pupils  in  the  above-mentioned  schools  below  the  high 
school  and  above  the  third  year  of  school  work,  com- 
puting from  the  beginning  of  the  lowest  primary  year, 
shall  receive  instruction  in  this  subject  every  year 
from  text  books  adapted  to  grade  in  the  hands  of  pu- 
pils, for  not  less  than  four  lessons  per  week  for  ten 
weeks  of  each  school  year.  In  all  schools  above  men- 
tioned, all  pupils  in  the  lowest  three  primary  school 
years  shall  each  year  be  instructed  orally  in  this  sub- 
ject for  not  less  than  three  lessons  per  week  for  ten 
weeks  of  each  school  year  by  teachers  using  text  books 
adapted  to  grade  for  such  instruction  as  a guide  or 
standard.  Each  teacher  in  the  schools  in  special  dis- 
tricts and  in  the  cities  organized  for  school  purposes 
under  special  law  shall  conform  to  and  be  governed  by 
the  provisions  of  this  section. 

TEACHING  HUMANE  TREATMENT  OF  ANI- 
MALS. 

{Chapter  io8,  Lazvs  of  ipo^.) 

Section  1.  That  there  shall  be  taught  in  the  pub- 
lic schools  of  North  Dakota,  in  addition  to  the  other 
branches  of  study  now  prescribed,  a system  of  study 
of  the  humane  treatment  of  animals ; such  instruction 
shall  be  oral  and  to  consist  of  not  less  than  two  les- 
sons of  ten  minutes  each  per  week.  The  principal  or 
teacher  of  every  school  shall  certify  in  #ach  of  his  or 
her  reports  that  such  instruction  has  been  given  in  the 
school  under  his  or  her  control. 

Sec.  2.  All  acts  or  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 


Course  of 
study. 


Humane  treat- 
ment of  ani- 
mals. 


76 


GENERAL  SCHOOL  LAWS 


Teachers’  In- 
stitute— notice 
of. 


Schools  to 
close. 


Failure  to  at- 
tend—penalty. 


Exception. 


Suspension  of 
pupils. 


Pupils  to  be 
graded  by 
teacher. 


Sec.  751.  TEACHERS’  INSTITUTES  AND 
TEACHERS’  TRAINING  SCHOOLS,  HOW  NO- 
TICED. PENALTY  FOR  FAILURE  TO  AT- 
TEND.— When  a teachers’  institute  or  teachers’  train- 
ing school  is  appointed  to  be  held  in  or  for  any  county 
it  shall  be  the  duty  of  the  county  superintendent  to 
give  written  or  printed  notice  thereof  to  each  teacher 
in  the  public  schools  of  the  county,  and  as  far  as  possi- 
ble to  all  others  not  then  engaged  in  teaching,  who  are 
holders  of  teachers’  certificates,  at  least  ten  days  before 
the  opening  of  such  institute  or  teachers’  training 
school  of  the  time  and  place  of  holding  it.  Each 
teacher  receiving  such  notice,  engaged  in  teaching  a 
term  of  school  which  includes  wholly  or  in  part  the 
time  of  holding  such  institute  or  teachers’  training 
school,  shall  close  school  and  attend  the  same  and 
shall  be  paid  by  the  school  board  of  the  district  his 
regular  wages  as  teacher  for  the  time  he  attended  such 
institute  or  teachers’  training  school,  as  certified  by 
the  county  superintendent,  but  no  teacher  shall  receive 
pay  unless  he  has  attended  four  consecutive  days  nor 
shall  any  teacher  receive  pay  for  more  than  five  days. 
The  county  superintendent  may  revoke  the  certificate 
of  any  teacher  in  his  county  for  inexcusable  neglect 
or  refusal  after  due  notice,  to  attend  a teachers’  insti- 
tute or  teachers’  training  school  held  for  such  county. 
The  provisions  of  this  section  shall  not  apply  to  high 
school  teachers,  nor  to  teachers  in  cities  organized 
for  school  purposes  under  a special  law,  nor  to  teachers 
in  cities  organized  as  independent  districts  under  the 
provisions  of  this  chapter. 

Sec.  752.  PUPIL  MAY  BE  SUSPENDED  FOR 
CAUSE. — A teacher  may  suspend  from  school  for  not 
more  than  five  days  any  pupil  for  insubordination  or 
habitual  disobedience,  or  disorderly  conduct.  In  such 
case  the  teacher  shall  give  immediate  notice  to  the 
parent  or  guardian  of  such  pupil,  also  to  some  mem  - 
ber of  the  district  school  board  of  such  suspension 
and  the  reason  therefor.  (See  Sec.  6p/.) 

Sec.  753.  ASSIGNMENT  OF  STUDIES  TO 
PUPILS. — It  shall  be  the  duty  of  the  teacher  to 
assign  to  each  pupil  such  studies  as  he  is  qualified 
to  pursue,  and  to  place  him  in  the  proper  class  in  any 
studies  subject  to  the  provisions  in  section  750;  pro- 
vided, that  in  a graded  school  under  the  charge  of  a 
orincioal  or  local  .s^uperintendent,  such  principal  or 
superintendent  shall  perform  this  duty.  In  case  any 


STATE  OF  NORTH  DAKOTA 


77 


parent  or  guardian  is  dissatisfied  with  such  assign- 
ment or  classification,  the  matter  shall  be  referred  to 
and  decided  by  the  county  superintendent. 

Sec.  754.  BIBLE  NOT  SECTARIAN  BOOK. 
READING  OPTIONAL  WITH  PUPIL.— The  Bible 
shall  not  be  deemed  a sectarian  book.  It  shall  not  be 
excluded  from  any  public  school.  It  may  at  the  option 
of  the  teacher  be  read  in  school  without  sectarian  com- 
ment, not  to  exceed  ten  minutes  daily.  No  pupil  shall 
be  required  to  read  it  nor  be  present  in  the  school  room 
during  the  reading  thereof  contrary  to  the  wishes  of 
his  parents  or  guardian  or  other  person  having  him 
in  charge.  Moral  instruction  tending  to  impress  upon 
the  minds  of  pupils  the  importance  of  truthfulness, 
temperance,  purity,  public  spirit,  patriotism  and  re- 
spect for  honest  labor,  obedience  to  parents  and  due 
deference  for  old  age,  shall  be  given  by  each  teacher 
in  the  public  schools. 

Sec.  754a.  PHYSICAL  EDUCATION.— Physical 
education,  which  shall  aim  to  develop  and  discipline 
the  body  and  promote  health  through  systematic  exer- 
cise, shall  be  included  in  the  branches  of  study  required 
by  law  to  be  taught  in  the  common  schools,  and  shall 
be  introduced  and  taught  as  a regular  branch  to  all 
pupils  in  all  departments  of  the  public  schools  of  the 
state,  and  in  all  educational  institutions  supported 
wholly  or  in  part  by  money  from  the  state.  It  shall 
be  the  duty  of  all  boards  of  education  and  boards  of 
educational  institutions  receiving  money  from  the  state, 
to  make  provision  for  daily  instruction  in  all  the 
schools  and  institutions  under  their  respective  juris- 
diction, and  to  adopt  such  method  or  methods  as  will 
adapt  progressive  physical  exercise  to  the  development, 
health  and  discipline  of  the  pupils  in  the  various  grades 
and  classes  of  schools  and  institutions  receiving  aid 
from  the  state. 

Article  13. — Institutes,  Associations  and  Read- 
ing Circle. 

Sec.  755.  TEACHERS’  COUNTY  INSTITUTE 
FUND. — All  money  received  by  the  county  superin- 
tendent from  examination  fees  for  the  county  institute 
fund,  and  all  moneys  paid  into  this  fund  from  the 
county  general  revenue  fund,  shall  be  used  by  him  to  aid 
in  the  support  of  teachers’  institutes  or  teachers’  train- 
ing schools,  to  be  held  within  or  for  the  county  and  to 
pay  necessary  expenses  incurred  therein.  The  county 


Bible  shall  not 
be  excluded. 


Moral  instruc- 
tion. 


Systematic 
physical  exer- 
cise. 


County  Insti-, 
tute  fund. 


78 


GENERAL  SCHOOL  LAWS 


Appropriation 
to  counties. 


Conductors. 


Funds,  how 
paid. 


superintendent  shall  present  an  itemized  statement, 
duly  verified  to  the  county  auditor  for  the  amount  of 
all  such  necessary  expenses  and  the  auditor  shall 
issue  a warrant  therefor  as  provided  by  law.  The 
county  superintendent  shall,  at  the  end  of  each  year, 
submit  a full  and  accurate  statement  of  the  receipts 
and  expenditures  of  these  funds,  under  oath,  to  the 
superintendent  of  public  instruction.  {See  Sections 
646  and  743.) 

Sec.  756.  APPROPRIATION  FOR  INSTITUTE 
FUND.  DESIGNATION  OF  CONDUCTORS.— 
There  is  hereby  appropriated  out  of  any  funds  in  the 
state  treasury,  not  otherwise  appropriated,  the  sum  of 
fifty  dollars  each  year  to  each  organized  county  in  the 
state  in  which  there  are  ten  or  more  resident  teachers, 
which  shall  be  designated  as  the  state  institute  fund 
and  which  shall  be  used  exclusively  in  employing  per- 
sons of  learning,  ability  and  experience  as  conductors 
of  teachers’  institutes,  and  the  further  sum  of  ten 
cents  a mile  for  the  distance  actually  and  necessarily 
traveled  by  a lecturer  for  such  institute.  The  superin- 
tendent of  public  instruction  after  consultation  with 
the  county  superintendents  as  to  the  special  needs  and 
wants  of  their  respective  counties,  shall  appoint  the  time 
place  and  duration  of  these  institutes  and  shall  desig- 
nate the  persons  to  act  as  conductors  of  and  lecturers 
at  such  institutes,  as  in  his  judgment  the  needs  of  the 
various  counties  demand. 

Sec.  1757.  (Amended.)  INSTITUTE  FUNDS. 
HOW  PAID  OUT.— It  shall  be  the  duty  of  the 
county  superintendent  of  schools  in  all  cases  to  consult 
with  the  state  superintendent  of  public  instruction  in 
reference  to  the  management  of  such  institute  or 
teachers’  training  school,  and  he  shall  carry  out  the 
suggestions  of  such  state  superintendent  as  to  the 
modes  of  instruction.  No  salary  shall  be  paid  to  any 
conductor  or  instructor  not  previously  appointed  or 
employed  as  herein  provided.  The  money  hereby  ap- 
propriated from  the  state  treasury  for  the  support  of 
teachers’  institutes  or  teachers’  training  schools  shall 
be  paid  to  the  persons  to  whom  it  is  due  by  warrant 
of  the  state  auditor  upon  the  state  treasurer,  which 
shall  be  issued  upon  the  presentation  of  an  account  in 
due  form,  receipted  by  the  person  to  whom  due  and 
approved  by  the  state  superintendent  of  public  instruc- 
tion ; provided,  that  no  county  shall  receive  more  than 
ten  dollars  from  such  appropriation  for  the  payment 


STATE  OF  NORTH  DAKOTA 


79 


of  conductor’s  salary  for  each  day  its  institute  is  in  ses- 
sion; provided,  that  the  state  and  county  institute 
funds  specified  by  section  755  and  756,  and  the  appro- 
priation specified  by  section  758  of  one  or  more  coun- 
ties, may  be  applied  to  the  support  of  a teachers’  train- 
ing school  for  such  county  or  counties  at  the  request 
of  the  county  superintendent  for  such  county  or  coun- 
ties, with  the  consent  and  under  the  direction  of  the 
state  superintendent  of  public  instruction;  provided, 
further,  that  where  a teachers’  training  school  of  not 
less  than  three  weeks’  duration  is  held  within  or  for 
any  county,  the  conductor  of  such  training  school  shall 
file  a certified  statement  with  the  county  auditor  speci- 
fying the  time  and  place  of  such  teachers’  training 
school  and  also  certifying  the  total  number  of  schools 
in  said  county  in  which  school  has  been  taught  at  least 
four  months  during  the  preceding  school  year.  The 
county  auditor  shall  file  a copy  of  said  statement  with 
the  county  treasurer  who  shall  thereupon  transfer 
from  the  county  general  revenue  fund  to  the  county 
institute  fund  the  sum  of  two  dollars  for  each  school 
in  the  county,  as  per  specified  statement  filed  with  the 
county  auditor. 

Sec.  758.  COUNTY  COMMISSIONERS  MAY 
AID  INSTITUTES. — The  money  assigned  for  any 
particular  institute  may  be  added  to  any  fund  furnished 
for  the  purpose  by  any  county,  and  the  institute  ex- 
tended as  long  as  the  entire  fund  will  allow.  If  a 
sufficient  county  fund  is  not  otherwise  provided,  the 
board  of  county  commissioners  may  appropriate  not 
m.ore  than  fifty  dollars  in  any  county  each  year  in  aid 
of  institutes.  The  superintendent  of  public  instruction 
may  require  a statement  of  the  amount  of  funds  the 
county  has  on  hand  for  this  purpose  at  any  time. 

Article  14. — Compulsory  Education. 

Sec.  759.  {Amended.)  SCHOOL  AGE.  WHO 
EXEMPT  FROM  COMPULSORY  ATTEND- 
ANCE.— Every  parent,  guardian  or  other  person  who 
resides  in  any  school  district  or  city  who  has  control 
of  any  child  or  children  of  or  between  the  ages  of 
eight  and  fourteen  years  shall  send  such  child  or  chil- 
dren to  a public  school  in  each  year  during  the  entire 
time  the  public  schools  of  such  district  or  city  are  in 
session,  and  every  parent,  guardian  or  other  person, 
having  control  of  any  deaf  or  feeble  minded  child  or 
youth  between  seven  and  twenty-one  years  of  age  shall 


County  com- 
missioners 
may  make  ap- 
propriations. 


School  age. 


Defectives. 


80 


GENERAL  SCHOOL  LAWS 


Exceptions. 


Distance. 


Schools  must 
be  free. 


be  required  to  send  such  deaf  child  to  the  school  for 
the  deaf  at  the.  city  of  Devils  Lake,  and  any  feeble 
minded  child  to  the  institution  for  the  feeble  minded 
at  Grafton,  for  at  least  eight  months  in  each  school 
year;  provided,  that  such  parent,  guardian  or  other 
person  having  control  of  any  child  shall  be  excused 
from  such  duty  by  the  school  board  of  the  district,  or 
by  the  board  of  education  of  the  city  or  village,  when- 
ever it  shall  be  shown  to  their  satisfaction,  subject  to 
appeal,  as  provided  by  law,  that  one  of  the  following 
reasons  therefor  exists : 

1.  That  such  child  is  taught  for  the  same  length  of 
time  in  a parochial  or  private  school  approved  by 
such  board ; that  no  school  shall  be  approved  by  such 
board  unless  the  branches  usually  taught  in  the  pub- 
lic schools  are  taught  in  such  schools. 

2.  That  such  child  is  actually  necessary  to  the  sup- 
port of  the  family. 

3.  That  such  child  has  already  acquired  the 
branches  of  learning  taught  in  the  public  schools. 

4.  That  such  child  is  in  such  a physical  or  mental 
condition  (as  declared  by  the  county  physician,  if  re- 
quired by  the  board),  as  to  render  such  attendance  in- 
expedient or  impracticable.  If  no  school  is  taught  the 
requisite  length  of  time  within  two  and  one-half  miles 
of  the  residence  of  such  child  by  the  nearest  route, 
such  attendance  shall  not  be  enforced,  except  in  cases 
of  consolidated  schools  where  transportation  may  be 
arranged  for  by  the  school  board.  In  districts  having 
consolidated  schools  where  transportation  is  arranged 
for  by  the  school  board,  or  in  other  districts  providing 
transportation,  attendance  shall  be  required  of  pupils 
residing  within  four  miles  of  such  school  or  schools, 
but  this  provision  shall  not  apply  to  deaf  or  feeble 
minded  children  in  this  state.  The  common  schools 
provided  for  in  this  chapter,  shall  be  at  all  times 
equally  free,  open  and  accessible  to  all  children  over 
six  and  under  twenty  years  of  age,  residents  of  the 
school  districts  where  they  are  held  or  entitled  to  at- 
tend school,  under  any  special  provisions  of  this  chap- 
ter, subject  to  the  regulations  herein  made,  and  to  such 
regulations  as  the  several  school  boards  and  boards  of 
education  may  prescribe,  equitably  and  justly  and  not 
in  conflict  with  the  provisions  of  law. 

Provided,  that  this  section  shall  not  be  construed 
to  apply  to  parents,  guardians  or  other  persons  hav- 
ing control  of  any  child  or  children  between  the  ages 


STATE  OF  NORTH  DAKOTA 


81 


of  eight  and  fourteen  who  desire  to  send  such  child 
or  children  for  a period  not  exceeding  four  months 
in  any  year  to  any  parochial  school  for  the  ]nirpose 
of  preparing  such  child  or  children  for  certain  reli- 
gious duties. 

Sec.  760.  PENALTY. — Any  such  parent,  guard- 
ian or  other  person  failing  to  comply  with  the  require- 
ments of  the  foregoing  section,  shall  upon  conviction 
thereof  be  deemed  guilty  of  a misdemeanor,  and  shall 
be  fined  in  a sum  not  less  than  five  nor  more  than 
twenty  dollars  for  the  first  offense  and  not  less  than 
ten  dollars  nor  more  than  fifty  dollars  for  the  second 
and  every  subsequent  offense,  with  costs  in  each  case. 

Sec.  761.  {Amended.)  PROSECUTION  FOR 
NEGLECTING  THIS  DUTY.-It  shall  be  the  duty  of 
the  clerk  or  secretary  of  the  board  of  education  of  any 
city,  town  or  village,  or  the  clerk  of  the  school  board 
of  any  district  to  inquire  into  all  cases  of  neglect  of 
the  duty  prescribed  in  this  article  and  to  ascertain  from 
the  person  neglecting  to  perform  such  duty  the  rea- 
son therefor,  if  any,  and  to  notify  the  county  superin- 
tendent of  schools  of  such  neglect ; and  said  county 
superintendent,  upon  proper  presentation  of  facts, 
shall  lay  the  matter  before  the  state’s  attorney  whose 
duty  it  will  be  to  proceed  forthwith  to  secure  the 
prosecution  for  any  off'ense  occurring  under  this  ar- 
ticle; provided,  further,  that  the  board  of  education 
in  any  city  of  over  five  thousand  inhabitants  may  em- 
ploy a truant  officer  who  shall  perform  the  duties  im- 
plied in  this  section. 

Sec.  763.  CHILD  LABOR  PROHIBITED  DUR- 
ING SCHOOL  HOURS. — No  child  between  eight 
and  fourteen  years  of  age  shall  be  employed  in  any 
mine,  factory  or  workshop  or  mercantile  establishment 
or,  except  by  his  parents  or  guardian,  in  any  other 
manner  during  the  hours  when  the  public  schools  in 
the  city,  village  or  district  are  in  session,*  unless  the 
person  employing  him  shall  first  procure  a certificate 
from  the  superintendent  of  schools  of  the  city  or  vil- 
lage, if  one  is  employed,  otherwise  from  the  clerk  of 
the  school  board  or  board  of  education,  stating  that 
such  child  has  attended  school  for  the  period  of  twelve 
weeks  during  the  year,  as  required  by  law,  or  has 
been  excused  from  attendance  as  provided  in  section 
759;  and  it  shall  be  the  duty  of  such  superintendent 
or  clerk  to  furnish  such  certificate  upon  application  of 


Neglect  to 
send  children 
to  school — 
penalty  for. 


President  of 
school  board 
must  prose- 
cute. 


Truant  officer 


Child  labor 
prohibited— 
when. 


School  Laws— 6 


82 


GENERAL  SCHOOL  LAWS 


Penalty. 


Prosecution. 


Neglect  of 
duty  by  school 
officer — penal- 
ty for. 


Falsifying 
election  re- 
turns—penalty 
for. 


School  officers 
not  to  be  in- 
terested in 
contracts. 


the  parent,  guardian  or  other  persons  having  control 
of  such  child,  entitled  to  the  same. 

Sec.  763.  PENALTY  FOR  VIOLATION.— Each 
owner,  superintendent  or  overseer  of  any  mine,  factory, 
workshop  or  mercantile  establishment,  and  any  other 
person  who  shall  employ  any  child  between  eight  and 
fourteen  years  of  age  contrary  to  the  provisions  of  this 
article,  is  guilty  of  a misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  for  each  offense  in  a sum  not  less 
than  twenty  nor  more  than  fifty  dollars  and  costs.  Each 
person  authorized  to  sign  a certificate  as  prescribed 
in  the  preceding  section,  who  certifies  to  any  materially 
false  statement  therein,  shall  be  fined  not  less  than 
twenty  nor  more  than  fifty  dollars  and  costs. 

Sec.  764.  PROSECUTIONS,  HOW  BROUGHT. 
— Prosecutions  under  this  article  shall  be  brought  in 
the  name  of  the  state  of  North  Dakota  before  any 
court  of  competent  jurisdiction,  and  the  fines  collected 
shall  be  paid  over  to  the  county  treasurer  and  by  him 
credited  to  the  general  school  fund  of  the  state. 

Article  15. — Fines,  Forfeitures  and  Penalties. 

Sec.  765.  PENALTY  FOR  NEGLECT  OF 
DUTY  BY  SCHOOL  DIRECTOR,  TREASURER 
OR  CLERK. — Each  person  duly  elected  to  the  office 
of  director,  treasurer  or  clerk  of  any  district,  who, 
having  entered  upon  the  duties  of  his  office,  shall  neg- 
lect or  refuse  to  perform  any  duties  required  of  him 
by  the  provisions  of  this  chapter  shall  upon  convictioM 
be  fined  in  the  sum  of  ten  dollars  and  his  office  shall 
be  deemed  vacant. 

Sec.  766.  PENALTY  FOR  FALSE  ELECTION 
RETURNS. — Any  judge  or  clerk  of  election,  school 
district  clerk  or  county  auditor  who  wilfully  violates 
the  provisions  of  this  chapter  in  relation  to  elections 
or  who  wilfully  makes  a false  return  shall  upon  con- 
viction be  deemed  guilty  of  a felony. 

Sec.  767.  SPECULATION  IN  OFFICE  PRO- 
HIBITED.— No  school  officer  shall  personally  engage 
in  the  purchase  of  any  school  bonds  or  warrants  nor 
shall  any  such  officer  be  personally  interested  in  any  con- 
tract requiring  the  expenditure  of  school  funds  except 
for  the  purchase  of  fuel  and  such  supplies  as  are  in  daily 
use,  but  not  including  furniture,  or  the  expenditure  of 
funds  appropriated  by  the  state,  county,  school  corpora- 
tion or  otherwise  for  any  school  purpose  connected 
with  his  office.  Any  violation  of  this  section  shall  be 
a misdemeanor.  (See  Appendix  B. — Sec.  76^2.) 


STATE  OF  NORTH  DAKOTA 


83 


Sec.  768.  PENALTY  FOR  UNLAWFUL 
DRAWING  OF  SCHOOL  MONEY.— Any  person 
who  draws  money  from  the  county  treasury,  who  is 
not  at  the  time  a duly  qualified  treasurer  of  the  school 
corporation  for  which  he  draws  the  money  and  author- 
ized to  act  as  such,  shall  be  guilty  of  a misdemeanor 
and  shall  upon  conviction  thereof  be  punished  by  a 
fine  of  not  less  than  twenty-five  dollars. 

Sec.  769.  USE  OF  SCHOOL  FUNDS.  WHEN 
EMBEZZLEMENT. — Each  treasurer  who  shall 
loan  any  portion  of  the  money  in  his  hands  belonging 
to  any  school  district,  whether  for  consideration  or  not, 
or  who  shall  expend  any  portion  thereof  for  his  own 
or  any  other  person’s  private  use,  is  guilty  of  embezzle- 
ment, and  no  such  treasurer  shall  pay  over  or  deliver 
the  school  money  in  his  hands  to  any  officer  or  person 
or  to  any  committee  to  be  expended  by  him  or  them ; 
but  all  public  funds  shall  be  paid  out  only  by  the  pro- 
per treasurer  as  hereinbefore  provided. 

Sec.  770.  ACTION  TO  RECOVER  MONEY 
WHEN  TREASURER  FAILS  TO  PAY  OVER.— 
If  any  person  shall  refuse  or  neglect  to  pay  over  any 
money  in  his  hands  as  treasurer  of  a school  district 
to  his  successor  in  office  his  successor  must,  without 
delay,  bring  action  upon  the  official  bond  of  such 
treasurer  for  the  recovery  of  such  money.  {See  Ap- 
pendix D — Note  13.) 

Sec.  771.  PENALTY,  WHEN  INDORSEMENT 
OF  UNPAID  WARRANTS  IS  NOT  MADE.— Any 
violation  by  a district  treasurer  of  the  provisions  of  this 
chapter  requiring  indorsement  of  warrants  not  paid 
for  want  of  funds,  and  the  payment  thereof  in  the  order 
of  presentation  and  indorsement  is  a misdemeanor  pun- 
ishable by  a fine  not  exceeding  one  hundred  dollars. 

Sec.  772.  PENALTY  FOR  FALSE  REPORTS. 
— Each  clerk  or  treasurer  of  a district  who  wilfully 
signs  or  transmits  a false  report  to  the  county  super- 
intendent or  willfully  signs,  issues  or  publishes  a false 
statement  of  facts  purporting  or  appearing  to  be  based 
upon  the  books,  accounts  or  records,  or  of  the  affairs, 
resources  and  credit  of  the  district  shall  upon  convic- 
tion be  punished  by  a fine  not  exceeding  fifty  dollars 
or  by  imprisonment  in  the  county  jail  not  exceeding 
fifteen  days.  {See  Appendix  B. — Sec.  306.) 

Sec.  773.  PENALTY  FOR  WILLFUL  DIS- 
TURBANCE OF  PUBLIC  SCHOOL.— Each  person 
whether  pupil  or  not,  who  willfully  molests  or  disturbs 


Unlawful 
drawing  of 
money— penal- 
ty for. 


Embezzlement 
— what  is. 


Action  on 
treasurer’s 
bond. 


Failure  to  in- 
dorse unpaid 
warrants — 
penalty  for. 


False  reports 
— penalty  for. 


Disturbance 
of  school— 
what  is — pen- 
alty for. 


84 


GENERAL  SCHOOL  LAWS 


Contracts— 
how  let. 


Bonds— how  Is- 
sued. 


Notice  of  elec- 
tion. 


How  long 
posted. 


a public  school  when  in  session  or  who  willfully  inter- 
feres with  or  interrupts  the  proper  order  or  manage- 
ment of  a public  school  by  act  of  violence,  boisterous 
conduct  or  threatening  language,  so  as  to  prevent  the 
teacher  or  any  pupil  from  performing  his  duty,  or  who 
shall  in  the  presence  of  the  school  or  school  children 
upbraid,  insult  or  threaten  the  teacher  shall  upon  con- 
viction thereof  be  punished  by  a fine  not  exceeding 
twenty-five  dollars  or  by  imprisonment  in  the  county 
jail  for  a period  not  exceeding  ten  days,  or  by  both. 

Sec.  774.  {Amended.) — PROPOSALS  FOR 
CONTRACTS. — No  contract,  except  for  teachers'  or 
janitors’  wages,  or  school  text  books,  involving  the  ex- 
penditure of  school  funds  or  money  appropriated  for 
any  purpose  relating  to  the  educational  system  of  this 
state,  or  any  county,  district  or  school  corporation 
therein,  when  the  amount  exceeds  one  hundred  dollars, 
shall  be  let  until  proposals  are  advertised  for,  and  after 
such  advertisement,  only  to  the  lowest  responsible  bid- 
der. Any  violation  of  this  section  shall  be  a misde- 
meanor. {Se'e  Sec.  y8^.) 

Article  16. — Bonds. 

Sec.  775.  {Amended.)  SCHOOL  BONDS, 
HOW  ISSUED. — Whenever  a duly  constituted 
school  district,  including  independent  school  districts, 
in  any  organized  county  in  the  state  at  any  regular 
or  special  meeting  held  for  that  purpose  shall  determ- 
ine by  a majority  vote  of  all  the  qualified  voters  of  such 
school  district  present  at  such  meeting  and  voting  to 
issue  school  district  bonds  for  the  purpose  of  building 
and  furnishing  a school  house  and  purchasing  grounds 
on  which  to  locate  the  same  or  to  fund  any  outstanding 
indebtedness  or  for  the  purpose  of  taking  up  any  out- 
standing bonds  the  district  school  board  may  lawfully 
issue  such  bonds  in  accordance  with  the  provisions  of 
this  article.  {See  Appendix  C. — I,  h,  e,  f;  also  Sec. 
284;  also  Appendix  D. — Sections  24^4-2488.) 

Sec.  776.  NOTICE  OF  ELECTION  TO  VOTE 
BONDS. — Before  the  question  of  issuing  bonds  shall 
be  submitted  to  a vote  of  the  school  district,  notices 
shall  be  posted  in  at  least  three  public  and  conspicuous 
places  in  such  district,  stating  the  time  and  place  of 
such  meeting,  the  amount  of  bonds  proposed  to  be  is- 
sued and  the  time  in  which  they  shall  be  made  payable. 
Such  notices  shall  be  posted  at  least  twenty  days  be- 
fore the  meeting,  and  the  voting  shall  be  done  by  means 


STATE  OF  NORTH  DAKOTA 


85 


of  written  or  printed  ballots,  and  all  ballots  deposited 
in  favor  of  issuing  bonds  shall  have  thereon  the  words 
“for  issuing  bonds,”  and  those  opposed  thereto  shall 
have  thereon  the  words  “against  issuing  bonds,”  and 
if  a majority  of  the  votes  cast  shall  be  in  favor  of 
issuing  bonds  the  school  board,  through  its  proper  offi- 
cers shall  forthwith  issue  bonds  in  accordance  with 
such  vote ; but  if  a majority  of  all  votes  cast  are  against 
issuing  bonds  then  no  further  action  can  be  had  and 
the  question  shall  not  be  again  submitted  to  a vote 
for  one  year  thereafter,  except  for  a different  amount ; 
provided,  that  the  question  of  issuing  bonds  shall  not 
be  submitted  to  a vote  of  the  district  and  no  meeting 
shall  be  called  for  that  purpose  until  the  district  school 
board  shall  have  been  petitioned  in  writing  by  at  least 
one-third  of  the  voters  of  the  district. 

Sec.  777.  {Amended.)  BONDS,  DENOMINA- 
TION OF.  INTEREST.  LIMIT  OF  ISSUE.— 
The  denomination  of  the  bonds  which  may  be  issued 
under  the  provisions  of  this  article  shall  be  fifty  dollars 
or  some  multiple  of  fifty,  not  exceeding  five  hundred 
dollars,  and  shall  bear  interest  at  the  rate  of  not  ex- 
ceeding seven  per  cent  per  annum,  payable  semi-annu- 
ally on  the  first  dav  of  January  and  July  in  each  year, 
in'  accordance  with  interest  coupons  which  shall  be 
attached  to  such  bonds ; and  no  greater  amount  than 
one  thousand  dollars  can  be  issued  for  any  one  school 
house  except  in  districts,  towns  and  villages  of  more 
than  two  hundred  inhabitants  and  in  such  districts  the 
amount,  including  all  other  indebtedness,  shall  not 
exceed  five  per  cent  of  its  assessed  valuation,  and  may 
be  made  payable  in  not  less  than  ten,  nor  more  than 
twenty  years  from  their  date.  {See  Appendix  C. — I, 
b,  e,  f.) 

Sec.  778.  BONDS,  RECORD  OF  TO  BE  KEPT. 
— Whenever  any  bonds  are  issued  under  the  provisions 
of  this  chapter  they  shall  be  lithographed  or  printed 
on  bond  paper  and  shall  state  upon  their  face  the  date 
of  their  issue,  the  amount  of  the  bonds,  to  whom  and 
for  what  purpose  issued,  also  the  time  and  place  of  pay- 
ment and  the  rate  of  interest  to  be  paid.  They  shall 
have  printed  upon  the  margin  the  words  “Authorized 
by  article  16  of  chapter  9 of  the  political  code  of  North 
Dakota  of  1899.”  Immediately  after  the  issuing  of 
school  bonds  pursuant  to  this  chapter  the  clerk  of 
the  school  district  so  issuing  its  bonds  shall  file  with 
the  county  auditor  of  the  county  in  which  such  district 


Voting. 


Number  of 
petitioners 
necessary. 


Denomination 
of  bonds. 


Interest. 


Limit  of  issue. 


Description. 


Duties  of 
clerk  and 
county  auditor 


86 


GENERAL  SCHOOL  LAWS 


Register. 


Auditors 

ficate. 


is  situated,  certified  copies  of  all  the  proceedings  had 
in  such  district  relative  to  the  issuing  of  such  bonds 
and  also  a statement  of  the  amount  of  the  indebtedness 
of  such  school  district;  and  before  any  of  the  bonds 
are  disposed  of  they  shall  be  presented  to  the  county 
auditor  of  the  county  in  which  the  school  district  issu- 
ing the  same  is  situated.  He  shall  carefully  examine 
the  records  of  the  proceedings  of  such  school  district 
upon  the  question  of  issuing  such  bonds  as  the  same 
are  filed  with  him  as  hereinbefore  directed,  and  shall 
satisfy  himself  by  the  evidence  thus  furnished  whether 
or  not  all  the  laws  of  the  state  relative  to  the  issuing 
of  such  bonds  have  been  complied  with.  If  satisfied 
that  they  have  been  and  that  the  bonds  in  question 
have  been  legally  issued,  he  shall  in  a book  kept  for 
such  purpose  preserve  a register  of  each  bond  show- 
ing in  separate  columns  the  name  of  the  school  district 
issuing  the  bonds,  the  number  of  such  bonds,  the  de- 
nomination thereof,  the  date  of  their  issue,  the  date 
when  they  will  mature,  the  names  of  the  school  offi- 
cers executing  the  same  and  such  other  facts  as  may  be 
pertinent  and  he  shall  then  indorse  on  each  of  such 
bonds  the  following  certificate : 

State  of  North  Dakota.  ) 

County  of 

I,  county  auditor,  do  hereby  certify 

that  the  within  bond  is  issued  pursuant  to  law  and  is 
within  the  debt  limit  prescribed  by  the  constitution  of 
the  state  of  North  Dakota,  and  in  accordance  with  the 

certi-  vote  of school  district at  a 

(regular  or  special)  meeting  held  on  the day 

of A.  D.  190. .,  to  issue  bonds  to  the  amount 

of dollars,  and  is  a legal  and  valid  debt  of 

such  school  district;  that  such  bonds  are  duly  regis- 
tered in  this  office  and  that  such  school  district  is  legally 
organized  and  the  signatures  affixed  to  such  bonds  are 
the  genuine  signatures  of  the  proper  officers  of  such 
school  district. 

The  blanks  shall  be  filled  according  to  the  facts  and 
the  certificate  officially  signed  by  the  county  auditor’ 
and  attested  by  his  official  seal.  Such  bonds  shall  be 
signed  by  the  president  and  clerk  of  the  school  board 
and  shall  be  registered  in  a book  to  be  kept  by  the  clerk 
for  that  purpose  in  which  shall  be  entered  the  number, 
date  and  name  of  the  person  to  whom  issued  and  the 
date  when  the  same  will  become  due.  (See  Appendix 
D. — Note  23.) 


STATE  OF  NORTH  DAKOTA 


87 


Sec.  779.  SINKING  FUND  AND  INTEREST 
TAX. — In  addition  to  the  amount  that  may  already  be 
assessed  under  existing  laws  there  shall  be  levied  upon 
the  taxable  property  of  the  school  district  so  issuing 
bonds  at  or  before  their  issuance  and  collected  as  other 
taxes  are  collected  a sum  sufficient,  not  exceeding  five 
mills  on  the  dollar  of  assessed  valuation  of  such  dis- 
tricts, to  pay  interest  upon  such  bonded  indebtedness, 
and  after  five  }'ears  in  like  manner  a further  tax  not 
exceeding  two  mills  on  the  dollar  for  a sinking  fund 
to  be  used  in  payment  of  such  bonds  when  they  become 
due,  and  for  no  other  purpose,  except  that  whenever 
there  are  sufficient  funds  on  hand,  belonging  to  such 
sinking  fund,  the  school  board  may  in  its  discretion, 
purchase  any  of  the  outstanding  bonds  at  their  market 
value  and  pay  for  the  same  out  of  such  sinking  fund ; 
provided,  that  the  school  district  board  may  designate 
one  or  more  national  or  state  banks  in  its  county  for 
a depository  for  such  sinking  fund,  and  in  such  case  the 
school  board  shall  advertise  for  at  least  two  weeks  in 
some  newspaper  printed  in  the  county  for  sealed  pro- 
posals for  the  deposit  of  the  sinking  fund  of  such 
school  district,  reserving  the  right  to  reject  any  and  all 
bids,  and  satisfying  itself  of  the  responsibility  of  all 
banks  proposing  to  act  as  depositories.  Before  any 
bank  shall  be  designated  as  such  depository,  it  shall 
present  to  the  school  board  a scaled  proposal  stating 
in  writing  what  rate  of  interest  will  be  paid  for  the  de- 
posit of  such  sinking  fund,  and  shall  submit  to  the 
board  for  its  approval,  a bond  payable  to  the  school 
district  conditioned  for  the  safe  keeping  and  repayment 
of  any  funds  deposited  in  such  bank,  which  bond  shall 
be  signed  by  not  less  than  three  freeholders  of  the 
county  as  sureties,  such  bond  to  be  in  the  sum  required 
by  the  school  board  but  in  no  case  less  than  double  the 
probable  amount  of  funds  to  be  deposited  in  such  bank. 
The  approval  of  such  bond  shall  be  indorsed  thereon 
by  the  board  and  deposited  with  the  county  auditor, 
and  any  bank  whose  bond  shall  have  been  so  approved, 
shall  thereupon  be  designated  by  the  school  board  as 
a depository  for  the  sinking  fund,  and  shall  continue 
as  such,  until  such  time  as  the  board  shall  readvertise 
for  bids  as  aforesaid,  or  until  such  funds  are  needed 
for  the  payment  or  purchase  of  bonds  as  provided  in 
this  section.  When  the  sinking  fund  of  any  school  dis- 
trict is  deposited  by  the  school  treasurer  in  the  name 
of  the  school  district  in  such  depository,  such  treasurer 


Sinking  fund 
and  interest- 
tax  levy  for. 


School  board 
may  purchase 
bonds. 


Depositories. 


88 


GENERAL  SCHOOL  LAWS 


School  treas- 
urer released 
from  liability 
on  deposit. 


Nesrotiatlon  of 
bonds. 


Tax  levy  to 
pay  bonds — by 
county  auditor 
—when. 


Bonds— can- 
celled how — 
record  of. 


Building 
school  hous( 
procedure. 


and  his  sureties  shall  be  exempt  from  all  liability  there- 
on by  reason  of  loss  of  any  such  funds  from  the  failure, 
bankruptcy  or  any  other  act  of  any  such  bank,  to  the 
extent  only  of  such  funds  in  the  hands  of  such  bank 
or  banks  at  rhe  time  of  such  failure  or  bankruptcy. 
Such  depository  shall  furnish  to  the  school  district 
clerk  prior  to  the  fifth  day  of  July  of  each  year,  a veri- 
fied statement  of  the  school  district’s  account  with  such 
depository  for  the  year  ending  June  thirtieth,  which 
statement  shall  show  a credit  to  such  deposit  account 
of  all  sums  of  interest  accruing  on  the  sinking  fund 
deposited.  (See  See.  /8i.) 

Sec.  780.  BONDS,  HOW  NEGOTIATED.— 
When  any  bonds  shall  be  issued  under  the  provisions 
of  this  article,  the  school  district  treasurer  shall  have 
authority  to  negotiate  and  sell  such  bonds  for  not  less 
than,  par,  and  the  said  school  district  treasurer  shall 
apply  the  proceeds  arising  from  the  sale  of  such  bonds 
only  for  the  purpose  of  building  and  furnishing  a 
school  house  and  purchasing  grounds  on  which  the 
said  school  house  shall  be  located,  or  to  fund  any  out- 
standing indebtedness,  or  for  the  purpose  of  taking  up 
any  outstanding  bonds,  as  provided  by  section  775  of 
this  article.  (See  Appendix  C. — VI,  i,  d,  e.) 

Sec. '781.  COUNTY  AUDITOR  MAY  LEVY 
TAX  TO  PAY  BONDS,  WHEN.— When  any  school 
board  neglects  or  refuses  to  levy  a tax  in  accordance 
with  law  to  meet  outstanding  bonds  or  the  interest 
thereon,  tlie  county  auditor  shall  have  power  to  levy 
such  tax  and  when  collected  to  apply  the  proceeds  to 
the  payment  of  such  coupons  and  bonds. 

Sec.  782.  CANCELLED  BONDS,  RECORD  OF. 
— When  the  bonds  of  any  school  district  shall  have 
been  paid  by  the  school  board  they  shall  be  cancelled 
by  writing  or  printing  in  red  ink  the  words  ^^cancelled 
and  paid”  across  each  bond  and  coupon,  and  the  date 
of  payment  and  amount  paid  shall  be  entered  in  the 
clerk‘s  register  against  the  proper  number  of  the  bonds 
and  the  bonds  so  cancelled  shall  be  filed  in  the  office 
of  the  district  treasurer  until  all  the  outstanding  bonds 
are  paid,  when  they  shall  be  destroyed  in  the  presence 
of  the  full  board. 

Sec.  783.  PROPOSALS  FOR  BUILDING 
SCHOOL  HOUSES. — When  any  school  house  is 
built  with  funds  provided  for  in  the  manner  herein 
authorized,  the  school  board  shall  advertise  at  least 
thirty  days  m some  newspaper  printed  in  the  county. 


STATE  OF  NORTH  DAKOTA 


8^ 


or  by  posting  notices  for  the  same  length  of  time  in 
at  least  three  of  the  most  public  and  conspicuous  places 
if  no  newspaper  is  published  in  the  county,  for  sealed 
proposals  for  building  and  furnishing  such  school 
house  in  acordance  with  plans  and  specifications  fur- 
nished by  the  school  board,  reserving  the  right  to  reject 
any  and  all  bids,  and  if  any  of  the  proposals  shall  be 
reasonable  and  satisfactory  such  board  shall  award  the 
contract  to  the  lowest  responsible  bidder  and  shall  re- 
quire of  such  contractor  a bond  in  double  the  amount 
of  the  contract,  conditioned  that  he  will  properly  ac- 
count for  all  money  and  property  of  the  school  district 
that  may  come  into  his  hands  and  that  he  will  perform 
the  conditions  of  his  contract  in  a faithful  manner  and 
in  accordance  with  its  provisions ; and  in  case  all  the 
proposals  are  rejected,  such  board  shall  advertise  anew 
in  the  same  manner  as  before  until  a reasonable  bid 
shall  be  submitted.  (See  Appendix  B. — Sections  4802, 
4803,  4804.) 

Sec.  784.  PROVISIONS  OF  THIS  ARTICLE, 
HOW  APPLICABLE. — The  provisions  of  this  article 
shall  be  applicable  to  and  authorize  the  issuance  of 
bonds  by  such  school  districts  as  have  already  built 
school  houses  and  issued  orders  or  warrants  therefor 
and  any  such  school  district  may  vote  to  bond  the  in- 
debtedness incurred  by  reason  of  building  and  furnish- 
ing a school  house  and  purchasing  a site  for  the  same 
and  bonds  may  be  issued  in  the  same  manner  as  here- 
inbefore provided  for  building  and  furnishing  school 
houses. 

Article  17. — Special  Districts. 

Sec.  785.  (Amended.)  CITIES  GOVERNED 
BY  THE  PROVISIONS  OF  THIS  ARTICLE.— 
All  cities  and  incorporated  towns  and  villages  which 
have  heretofore  been  organized  under  the  general 
school  laws,  and  which  are  provided  with  a board  of 
education,- shall  be  governed  by  the  provisions  of  this 
article.  Any  city  or  incorporated  town  or  village,  hav- 
ing a population  of  over  one  hundred  and  fifty  inhabi- 
tants m.ay  be  constituted  a special  school  district  in 
the  manner  hereinafter  prescribed,  and  shall  then  be 
governed  by  the  provisions  of  this  article;  provided, 
that  any  city  lieretofore  organized  for  school  purposes 
under  a special  act,  may  adopt  the  provisions  of  this 
article  by  a majority  vote  of  the  voters  therein,  in  the 


Bond  by  con- 
tractor. 


\ 


Re-advertise  — 
when. 


Districts  with 
school  houses 
may  bond. 


Special 

districts. 


What  may  be- 
come. 


90 


GENERAL  SCHOOL  LAWS 


same  manner  as  is  provided  for  the  organization  of  a 
new  corporation  under  the  provisions  of  this  article. 
(See  Sec,  /8p.) 


Formed  from 
other  district. 


Division—  how 
accomplished. 


Notice  of  the 
election  by 
publication. 


By  posting. 


Election  offi- 
• cers. 


DIVISION  OF  SCHOOL  DISTRICTS. 

(Chapter  i86,  Laws  ipoi.) 

Sec.  1.  SPECIAL  SCHOOL  DISTRICTS, 
CREATION  OF. — Whenever  any  incorporated 
city,  town  or  village  having  a population  of  over  two 
hundred  inhabitants,  shall  constitute  a portion  of  a 
school  district,  it  may  be  organized  into  a special 
school  district,  and  the  property  and  indebtedness  of 
such  organized  school  district  divided  as  hereinafter 
provided. 

Sec.  2.  SUPERINTENDENT  SHALL  CALL 
ELECTION  ON  PETITION.  WHEN.— In  such 
case  a petition  signed  by  a majority  of  the  voters  of 
such  school  district  as  shown  by  the  last  school  elec- 
tion therein,  may  be  presented  to  the  county  super- 
intendent of  schools  for  the  division  of  such  school 
district  and  the  organization  of  such  city,  town  or 
village  into  a special  school  district,  and  setting 
forth  in  detail  the  manner  and  terms  of  the  division 
of  the  property,  real  and  personal,  and  of  the  indebt- 
edness, bonded  or  otherwise,  of  such  school  district 
as  desired  by  the  petitioners,  and  thereupon  such 
superintendent  shall  within  five  days  call  an  election 
to  be  held  in  such  incorporated  city,  town  or  village, 
and  an  election  to  be  simultaneously  held  in  that  por- 
tion of  such  school  district  situated  outside  of  the 
limits  of  such  city,  town  or  village. 

Sec.  3.  NOTICE  OE  ELECTION..— Such  su- 
perintendent shall  cause  notice  of  each  of  such  elec- 
tions to  be  given  by  publishing  notices  thereof,  stat- 
ing the  time  and  place  of  holding  such  elections  in 
a newspaper  published  in  such  school  district,  if  any, 
and  if  there  is  no  newspaper  published  in  such  school 
district,  then  by  posting  notices  of  the  election  to 
be  held  in  such  city town  or  village,  in  five  public 
places  therein,  and  by  posting  notices  of  the  election 
to  be  held  outside  such  city,  town  or  village,  in  five 
public  places  in  said  district  outside  such  city,  town 
or  village.  Such  notices  shall  be  so  published  or 
posted  not  less  than  ten  nor  more  than  fifteen  days 
before  such  elections.  Such  superintendent  shall 
appoint  judges  and  clerks  of  such  elections  and  the 


STATE  OF  NORTH  DAKOTA 


91 


same  shall  be  held  and  conducted  in  the  same  manner 
and  the  polls  shall  be  opened  and  closed  at  the  same 
time  as  in  other  school  district  elections,  and  the  re- 
sults of  such  election  shall  be  certified  and  delivered 
to  such  superintendent  immediately  upon  the  close 
of  the  polls. 

Sec.  4.  BALLOTS,  WHAT  PRINTED  ON.— 
There  shall  be  printed  on  the  ballots  used  at  such 
elections  the  following  statement : “For  the  division 
of  (here  state  the  name  of  the  school  district  to  be 
divided)  and  the  divison  of  its  property  and  debts 
as  follows  (here  state  the  manner  and  terms  of  such 
division  as  set  forth  in  the  petition  filed.)”  The  voter 
shall  write  after  such  statement  the  word  “Yes,”  if 
in  favor  of  such  division,  and  the  word  “No”  if 
against  it. 

Sec.  5.  SUPERINTENDENT  SHALL  NOTI- 
FY PRESIDENT  OF  SCHOOL  BOARD.— Such 
superintendent  shall  thereupon  forthwith  notify  the 
president  of  the  school  board  of  such  school  district 
and  the  auditor  or  clerk  of  such  city,  town  or  village, 
of  the  result  of  such  elections. 

Sec.  6.  DIVISION  OF  DISTRICT,  WHEN.— 
If  such  elections  shall  each  be  in  favor  of  the  division 
of  such  school  district,  such  incorporated  city,  town 
or  village  shall  thereafter  constitute  a special  school 
district,  and  such  original  school  district  situated 
outside  such  city,  town  or  village,  shall  constitute  a 
school  district. 

Sec.  7.  ELECTION  OF  OFFICERS  FOR 
SPECIAL  DISTRICT  AND  DISTRICT.— The 
county  superintendent  shall  thereupon  call  an  election 
for  the  election  of  officers  of  such  special  school  dis- 
trict and  school  district,  of  which  notice  shall  be  given 
for  at  least  fifteen  days,  which  elections  shall  be  held 
as  in  other  cases,  in  school  districts,  and  special  school 
districts,  and  such  special  school  district  shall  there- 
after be  subject  to  all  provisions  of  law  affecting 
other  school  districts. 

Sec.  8.  DIVISION  OF  PROPERTY.— Such 
school  district  and  such  special  school  dis- 
trict shall  thereupon  proceed  to  divide  the 
property  of  such  original  school  district  according 
to  such  petition  and  shall  be  bound  respectively  to 
pay  the  indebtedness  of  such  district  as  provided 
in  such  petition,  and  may  make  any  contracts  or  con- 


Ballots  — form 
of. 


Notice  of  re- 
sult to  school 
board. 


District  divid- 
ed—when. 


Election  of  of- 
ficers for  new 
district. 


Division  of 
property  and 
debts. 


92 


GENERAL  SCHOOL  LAWS 


Division  of 
bonded  indebt- 
edness—and 
levy  therefor. 


Same. 


Formation  of 
special  dis- 
tricts under 
present  law. 


Adjacent  ter- 
ritory-how at- 
tached. 


veyances  necessary  to  carry  into  effect  all  the  pro- 
visions of  such  petition. 

Sec.  9.  BONDED  INDEBTEDNESS.  TAX 
TO  BE  LEVIED  TO  PAY. — In  case  such  original 
school  district  shall  have  outstanding  any  bonded  debt 
for  the  payment  of  which  no  sufficient  levy  of  taxes 
has  been  made,  the  board  of  education  of  such  special 
school  district  and  the  school  board  of  such  school 
district,  shall  at  the  time  of  making  the  next  annual 
tax  levy,  levy  a tax  sufficient  to  pay  the  interest  and 
also  the  principal  of  so  much  of  such  bonded  debt 
as  shall  be  assumed  by  such  special  school  district  and 
such  school  district  respectively  as  the  same  mature 
and  shall  designate  the  amount  of  such  tax  to  be 
collected  in  each  year  thereafter,  and  shall  certify 
such  levy  to  the  county  auditor  who  shall  thereupon 
enter  and  extend  upon  the  tax  list  in  each  year  the 
amount  of  such  tax  to  be  collected  in  that  year. 

Sec.  10.  BONDED  DEBT.  SPECIAL 
SCHOOL  DISTRICT  AND  SCHOOL  DIS- 
TRICT TO  PAY. — Such  special  school  district  and 
such  school  district  shall  provide  for  and  pay  accord- 
ing to  the  terms  of  the  bonds,  such  portion  of  such 
bonded  debt  as  is  assumed  by  it. 

Sec.  11.  EORMATION  OF  UNDER  PRES- 
ENT LAW  NOT  PROHIBITED.— Nothing  in 
this  act  shall  be  construed  to  prevent  or  affect  the 
formation  of  special  school  districts  in  accordance 
with  provisions  of  law  now  in  force,  or  to  require 
the  equalization  or  adjustment  of  the  property  as- 
sets or  indebtedness  of  districts  formed  under  the 
provisions  of  this  act,  otherwise  than  «as  herein 
provided. 

Sec.  786.  {Amended.)  ADJACENT  TERRI- 
TORY, HOW  ATTACHED  FOR  SCHOOL  PUR- 
POSES.— When  any  city,  town  or  village  has  been 
organized  for  school  purposes  and  provided  with  a 
board  of  education  under  any  general  law,  or  a 
special  act,  or  under  the  provisions  of  this  article, 
territory,  outside  the  limits  thereof  but  adjacent 
thereto,  may  be  attached  to  such  city,  town  or  village 
for  school  purposes  by  the  board  of  education  thereof, 
upon  application  in  writing  signed  by  a majority  of 
the  voters  of  such  adjacent  territory;  provided,  that 
no  territory  shall  be  annexed  which  is  at  a greater 
distance  than  three  miles  from  the  central  school  in 
such  special  district,  except  upon  petition  signed  by 


STATE  OF  NORTH  DAKOTA 


93 


two-thirds  of  the  school  voters  residing  in  the  ter- 
ritory which  is  at  a greater  distance  than  three  miles 
from  the  central  school  in  such  special  district;  and, 
upon  such  application  being  made,  if  such  board 
shall  deem  it  proper  and  to  the  best  interests  of  the 
school  of  such  corporation  and  of  the  territory  to  be 
attached,  an  order  shall  be  issued  by  such  board  at- 
taching such  adjacent  territory  to  such  corporation  for 
school  purposes,  and  the  same  shall  be  entered  upon 
the  records  of  the  board.  Such  territory  shall  from 
the  date  of  such  order  be  and  compose  a part  of  such 
corporation  for  school  purposes  only;  such  adjacent 
territory  shall  be  attached  for  voting  purposes  to  such 
corporation,  or,  if  the  election  is  held  in  wards,  to  the 
ward  or  wards  or  election  precinct  or  precincts  to 
which  it  lies  adjacent;  and  'the  voters  thereof  shall 
vote  only  for  school  officers  and  upon  such  school  ques- 
tions ; provided,  that  the  county  commissioners  shall 
detach  any  part  of  such  adjacent  territory  which  is  at 
a greater  distance  than  three  miles  from  the  central 
school  in  such  special  district  and  attach  to  any  ad- 
jacent; school  or  special  district  or  districts  upon  peti- 
tion to  do  so,  signed  by  three-fourths  of  the  legal  vot- 
ters  of  such  adjacent  territory,  and  all  assets  and  lia- 
bilities shall  be  equalized  according  to  section  731. 

Sec.  787.  NAME  OF  BODY  CORPORATE.— 
Every  such  district  shall  be  a body  corporate  for  school 
purposes  by  the  name  of  'The  board  of  education  of  the 

city,  town  or  village  (as  the  case  may  be)  of 

(here  insert  the  corporate  name  of  the  city,  town  or 
village)  of  the  state  of  North  Dakota,’’  and  shall  pos- 
sess all  the  powers  and  duties  usual  to  corporations  for 
public  purposes  or  conferred  upon  it  by  this  article 
or  which  may  hereafter  be  conferred  upon  it  by  law ; 
and  in  such  name  it  may  sue  and  be  sued,  contract  and 
be  contracted  with,  and  hold  and  convey  such  real  and 
personal  property  as  shall  come  into  its  possession  by 
will  or  otherwise ; and  it  shall  procure  and  keep  a cor- 
porate seal  by  which  its  official  acts  may  be  attested. 

Sec.  788.  CONVEYANCE  OF  SCHOOL  PROP- 
ERTY, HOW  EXECUTED.— Any  such  city  or  in- 
corporated town  or  village  is  authorized  and  required 
upon  the  request  of  the  board  of  education,  to  con- 
vey to  such  board  of  education  all  property  within  the 
limits  of  any  such  corporation  heretofore  purchased 
by  it  for  school  purposes  and  now  held  and  used  for 
such  purposes,  the  title  to  which  is  vested  in  any  such 


Name  and 
powers  of 
school  corpora- 
tion. 


School  proper- 
ty— how  con- 
veyed. 


94 


GENERAL  SCHOOL  LAWS 


Organization 
of  special 
school  districts 


Board  of  edu- 
cation — elec- 
tion of. 


Number— term 
of  office- 
quorum. 


Board  to  re- 
ceive no  com- 
pensation nor 
be  interested 
in  contracts. 


civil  corporation.  All  conveyances  for  such  property 
shall  be  signed  by  the  mayor  or  president  of  the  board 
of  trustees  and  attested  by  the  clerk  of  such  corporation, 
and  shall  have  the  seal  of  the  corporation  affixed  there- 
to and  be  acknowledged  by  the  mayor  or  president  in 
the  same  manner  as  other  conveyances  of  real  estate. 

Sec.  789.  SPECIAL  SCHOOL  DISTRICTS, 
HOW  ORGANIZED. — When  a petition  signed  by 
one-third  of  the  voters  of  a city,  incorporated  town  or 
village  or  a school  district,  in  which  is  located  a city 
or  incorporated  town  or  village  entitled  to  vote  at  such 
election,  is  presented  to  the  council  or  trustees  of  such 
city,  incorporated  town  or  village  or  school  district, 
asking  that  such  city,  incorporated  town  or  village 
or  school  district  be  organized  as  a special  school  dis- 
trict, such  council  or  board  of  trustees  shall  within  ten 
days  order  an  election  for  such  purpose,  notice  of  which 
shall  be  given,  and  the  election  conducted  and  the  re- 
turns made  in  the  manner  provided  bv  law  for  the 
annual  school  election ; and  the  voters  of  such  city,  in- 
corporated town  or  village  or  school  district  shall  vote 
for  or  against  organization  as  a special  school  district 
at  such  election.  (See  Sec.  78^.) 

Sec.  790.  ELECTION  OF  BOARD  OF  EDUCA- 
TION.— If  a majority  of  the  votes  cast  at  such  election 
is  for  organization  as  a special  school  district,  another 
election  shall  be  called  in  the  same  manner  as  is  pre- 
scribed in  the  foregoing  section,  at  which  the  voters  of 
such  city,  incorporated  town  or  village  or  school  dis- 
trict shall  elect  five  members  of  the  board  of  education, 
two  of  whom  shall  serve  until  the  first  annual  election, 
two  until  the  second  annual  election,  and  one  until  the 
third  annual  election  thereafter,  and  until  their  success- 
ors are  elected  and  qualified,  and  their  respective  terms 
shall  be  determined  by  lot.  , 

Sec.  791.  TERMS  OF  OFFICE.  QUORUM.— 
The  board  of  education  of  each  special  district  shall 
consist  of  five  members  who  shall  be  elected  by  the 
legal  voters  thereof  and  who  shall  hold  their  office 
for  the  term  of  three  years  and  until  their  successors 
are  elected  and  qualified,  except  as  provided  for  first 
elections  under  this  article,  and  three  members  shall 
constitute  a quorum  for  the  transaction  of  business  at 
any  legal  meeting. 

Sec.  792.  MEMBERS  NOT  TO  BE  INTER- 
ESTED IN  SCHOOL  CONTRACTS.— The  mem- 
bers of  such  board  shall  receive  no  compensation,  and 


STATE  OF  NORTH  DAKOTA 


95 


shall  not  be  interested,  directly  or  indirectly,  in  any 
contract  for  making  any  improvements  or  repairs  or  for 
erecting  any  building  or  for  furnishing  any  material 
or  supplies  for  their  district. 

Sec.  793.  ANNUAL  AND  SPECIAL  MEET- 
INGS OF  BOARD. — The  annual  meeting  of  such 
board  of  education  shall  be  held  on  the  second  Tuesday 
in  July  following  the  annual  election,  at  which  time  the 
newly  elected  members  shall  assume  the  duties  of  their 
ofhce.  Eacri  board  shall  meet  for  the  transaction  of 
business  as  of  cen  as  once  in  each  calendar  month  there- 
after and  may  adjourn  for  a shorter  time.  Special 
meetings  may  be  called  by  the  president  or  in  his  ab- 
sence by  any  two  members  or  the  board  by  giving  a 
personal  notice  to  each  member  of  the  board  or  by 
causing  a written  or  printed  notice  to  be  left  at  his  last 
place  of  residence  at  least  forty-eight  hours  before  the 
time  of  such  meeting. 

Sec.  794.  ORGANIZATION  OF  BOARD.— At 
the  annual  meeting  on  the  second  Tuesday  in  July  of 
each  year  such  board  of  education  shall  organize  by 
electing  a president  from  among  its  members  who  shall 
serve  for  one  }ear;  and  they  shall  also  elect  a clerk, 
not  one  of  their  own  number,  who  shall  hold  his  office 
during  the  pleasure  of  the  board  and  receive  such 
compensation  for  his  services  as  shall  be  fixed  by  the 
board.  In  the  absence  of  the  president  at  any  meet- 
ing, a president  pro  tempore  may  be  elected  by  the 
board. 

Sec.  795.  DUTIES  OF  PRESIDENT.— The 
president  shall  preside  at  all  meetings  of  the  board, 
appoint  all  committees  whose  appointment  is  not  other- 
wise provided  lor  and  sign  all  warrants  ordered  by  the 
board  to  be  drawn  upon  the  treasurer  for  school  mon- 
eys and  perform  other  acts  required  by  law. 

Sec.  796.  DUTIES  OF  CLERK.  RECORDS.— 
The  clerk  shall  keep  a true  record  of  all  the  proceedings 
of  the  board,  lake  charge  of  its  books  and  documents, 
countersign  ail  warrants  for  school  moneys  drawn  up- 
on the  treasurer  by  order  of  the  board  and  affix  the  cor- 
porate seal  thereto  and  perform  such  other  duties  as  the 
board  may  require.  The  records,  books,  vouchers  and 
papers  of  the  board  shall  be  open  to  examination  by  any 
taxpayer  of  the  district.  Such  record  or  a transcript 
thereof  certified  by  the  clerk  and  attested  by  the  seal 
of  the  board,  shall  be  received  in  all  courts  as  prima 
facie  evidence  of  the  facts  therein  set  forth. 


Meetings. 


Special  meet- 
ings. 


Officers  of 
board. 


Clerk. 


Duties  of 
President. 


Duties  of  clerk 


Records. 


96 


GENERAL  SCHOOL  LAWS 


School  board — 
powers  and 
duties. 


Establish  free 
schools. 


Maintain  or 

discontinue 

same. 


High  schools. 


School  houses 


Build  same. 


Property  and 
fuel. 


Custodians  of 
property. 


Teachers. 


Sec.  797.  POWERS  AND  DUTIES  OF  BOARD. 
— Each  board  of  education  shall  have  power  and  it 
shall  be  its  duty : (See  See.  846.) 

1.  To  establish  a system  of  graded  common  schools 
which  shall  be  free  to  all  children  of  legal  school  age, 
residing  within  such  special  district,  and  shall  be  kept 
open  not  less  than  six  nor  more  than  ten  months  in 
any  year. 

2.  To  estaolish  and  maintain  such  schools  in  its  city, 
town  or  village  as  it  shall  deem  requisite  or  expedient 
and  to  change  or  discontinue  the  same. 

3.  To  establish  and  maintain  a high  school,  when- 
ever in  its  opinion  the  educational  interests  of  the  cor- 
poration demand  the  same,  in  which  such  courses  of 
study  shall  be  pursued  as  shall  be  prescribed  or  ap- 
proved by  the  superintendent  of  public  instruction,  to- 
gether with  such  additional  courses  as  such  board  of 
education  may  thereafter  deem  advisable  to  establish. 

4.  To  purchase,  sell,  exchange  and  hire  school 
houses  and  rooms,  lots  or  sites  for  school  houses,  and 
to  fence  and  otherwise  improve  them  as  it  deems  prop- 
er. (See  Appendix  C. — VI,  i,  a-b.) 

5.  Upon  such  lots  and  upon  such  sites  as  may  be 
owned  by  such  special  district  to  build,  alter,  enlarge, 
improve  and  repair  school  houses,  outhouses  and  appur- 
tenances as  it  may  deem  advisable. 

6.  To  purchase,  sell,  exchange,  improve  and  repair 
school  apparatus,  text  books  for  the  use  of  the  pupils, 
furniture  and  appendages  and  to  provide  fuel  for  the 
schools. 

7.  To  have  the  custody  of  all  school  property  of 
every  kind  and  to  see  that  the  ordinances  and  by-laws 
of  the  city  or  village  in  relation  thereto  are  observed. 

8.  To  contract  with,  employ  and  pay  all  teachers 
in  such  schools  and  to  dismiss  and  remove  for  cause 
any  teacher  whenever  the  interests  of  the  school  may 
require  it ; but  any  such  teacher  shall  be  required  to 
hold  a certificate  to  teach,  issued  by  the  county  superin- 
tendent or  the  superintendent  of  public  instruction, 
and  if  any  such  teacher  holds  only  a county  certificate 
the  board  may  impose  such  further  requirements  as 
the  best  interests  of  the  several  grades  may  require.  No 
person  who  is  a relative  of  any  member  of  the  board 
shall  be  employed  as  teacher  without  the  concurrence 
of  the  entire  board. 


STATE  OF  NORTH  DAKOTA 


97 


9.  To  employ,  should  it  deem  expedient,  a compe- 
tent and  discreet  person  as  superintendent  of  schools 
and  to  fix  and  pay  a proper  compensation  therefor,  and 
such  superintendent  may  be  required  to  act  as  principal 
or  teacher  in  such  school. 

10.  To  defray  the  necessary  and  contingent  ex 
penses  of  the  board,  including  the  compensation  of 
its  clerk. 

11.  To  adopt,  alter  and  repeal,  whenever  it  may 
deem  expedient,  rules  and  regulations  for  organizing, 
grading,  government  and  instruction  and  the  reception 
of  pupils,  their  suspension  and  expulsion  and  their 
transfer  from  one  school  to  another.  But  no  pupil  shall 
be  suspended  or  expelled  except  for  insubordination, 
habitual  indolence  or  disorderly  conduct;  such  suspen- 
sion shall  not  be  for  a longer  period  than  ten  days,  nor 
such  expulsion  beyond  the  end  of  the  current  term  of 
school. 

12.  Each  member  shall  visit,  at  least  twice  in  each 
year,  all  the  public  schools  in  the  city  or  village. 

13.  To  make  a report  on  July  first,  or  as  soon  there- 
after as  practicable,  of  the  progress,  prosperity  and 
condition,  financial  as  well  as  educational,  of  all  the 
schools  under  its  charge,  a copy  of  which,  together  with 
such  further  information  as  shall  be  required  by  the 
superintendent  of  public  instruction,  shall  be  forwarded 
to  the  county  superintendent,  the  same  as  reports  are 
made  by  other  school  districts ; and  such  report  or  such 
portion  thereof  as  the  board  of  educa- 
tion shall  consider  advantageous  to  the  pub- 
lic, shall  be  published  in  a newspaper  in 
the  city  or  village,  and  in  cities  and  villages  of  over 
eight  hundred  inhabitants  it  may  be  published  in 
pamphlet  form. 

14.  To  admit  .children  of  persons  not  living  in  such 
special  district  into  the  schools  of  such  district,  and  to 
fix  and  collect  the  tuition  therefor,  if  in  its  judgment 
the  best  interests  of  the  school  will  permit.  . 

15.  To  cause  an  enumeration  of  the  children  of 
school  age  within  such  special  district,  including  those 
residing  in  any  territory  thereto  attached  for  school 
purposes,  to  be  made  annually,  as  provided  for  other 
school  districts,  and  return  the  same  to  the  county 
superintendent. 

Sec.  798.  TREASURER,  CUSTODIAN  OF 
SCHOOL  MONEYS. — All  moneys  from  whatever 
source,  which  the  board  of  education  of  any  special  dis- 


Superintenclent 


Expenses  of 
board. 


Grading  and 
government. 


Visit  schools. 


Make  report. 


Publish  same. 


Admit  non- 
residents. 


School  census. 


Moneys  to  be 
paid  to  treas- 
urer . 


School  Laws— 7 


98 


GENERAL  SCHOOL  LAWS 


Supervision  of 
schools. 


Taxable  prop- 
erty. 


Levy  not  to  ex- 
ceed 30  mills. 


Contracts— 
how  let. 


For  buildings 
or  improve- 
ments. 


City  or  town 
treasurer  ex- 
officio  school 
treasurer. 


trict  shall  by  law  be  authorized  to  receive,  shall  be 
paid  over  to  the  treasurer  of  such  board  and  he  shall 
charge  the  same  to  the  proper  fund. 

Sec.  799.  SCHOOLS  UNDER  SUPERVISION 
OF  WHOM. — The  schools  of  each  special  district 
shall  be  under  the  immediate  supervision  of  the  board 
of  education  or  the  school  superintendent  appointed 
})y  such  board,  subject  to  such  general  directions  and 
supervision  by  the  county  superintendent  as  are  pro- 
vided for  in  diis  chapter. 

Sec.  800.  TAXABLE  PROPERTY.— The  taxable 
property  of  the  whole  school  corporation  including 
the  territory  attached  for  school  purposes,  shall  be  sub- 
ject to  taxation.  All  taxes  collected  for  the  benefit  of 
the  school  shall  be  paid  in  money,  and  shall  be  placed 
in  the  hands  of  the  treasurer,  subject  to  the  order  of 
the  board  of  education. 

Sec.  801.  ANNUAL  SCHOOL  TAX.— The  board 
of  education  shall  on  or  before  the  twentieth  day  of 
July  of  each  year  levy  a tax  for  the  support  of  the 
schools  of  the  corporation,  including  any  expenditures 
allowed  by  law,  for  the  fiscal  year  next  ensuing,  not 
exceeding  in  any  one  year  thirty  mills  on  the  dollar  on 
all  the  real  and  personal  property  within  the  district 
which  is  taxable  according  to  the  laws  of  this  state, 
the  amount  of  which  levy  the  clerk  of  the  board 
shall  certify  to  the  county  auditor,  who  is  authorized 
and  required  to  place  the  same  on  the  tax  roll  of  such 
county  to  be  collected  by  the  county  treasurer  as  other 
taxes  and  paid  over  by  him  to  the  treasurer  of  the 
board  of  education,  of  whom  he  shall  take  a receipt  in 
duplicate,  one  of  which  he  shall  file  in  his  office  and 
the  other  he  siiall  forthwith  transmit  to  the  clerk  of  the 
board  of  education. 

Sec.  802.  EXPENDITURES.  CONTRACTS.— 
No  expenditures  involving  an  amount  greater  than  one 
hundred  dollars  shall  be  made  except  in  accordance  with 
the  provisions  of  a written  contract,  and  no  contract 
involving  an  expenditure  of  more  than  five  hundred 
dollars  for  the  purpose  of  erecting  any  public  buildings 
or  making  any  improvements  shall  be  made  except 
upon  sealed  r)roposals  and  to  the  lowest  responsible 
bidder,  after  public  notice  for  ten  days  previous  to  re- 
ceiving such  bids. 

Sec.  803.  TREASURER. — The  treasurer  of  any 
city,  town  or  village  comprising  a special  district  shall 
be  treasurer  of  the  board  of  education  thereof. 


STATE  OF  NORTH  DAKOTA 


99 


Sec.  804.  TREASURER,  DUTIES  OF.— The 
treasurer  of  each  board  of  education  shall  keep  a true 
account  of  the  receipts  and  expenditures  of  the  various 
funds  separately,  and  shall  prepare  and  submit  in  writ- 
ing a quarterly  report  of  the  state  of  the  finances  of 
the  district,  and  shall,  when  required,  produce  at  any 
meeting  of  such  board  of  any  committee  appointed 
for  the  purpose  of  examining  his  accounts,  all  books 
and  papers  pertaining  to  his  office.  He  shall  safely 
keep  in  his  possession  or  under  his  control  all  school 
moneys  coming  into  his  hands,  and  shall  pay  out  such 
moneys  only  upon  a warrant  signed  by  the  president, 
countersigned  by  the  clerk  and  attested  by  the  cor- 
porate seal  of  the  board. 

Sec.  805.  TREASURER’S  BOND. — The  treasurer 
of  the  board  shall  execute  a bond  to  such  board,  with 
sufficient  sureties  to  be  approved  by  the  board,  in  such 
sum  and  as  such  board  may  from  time  to  time  require, 
as  near  as  can  be  ascertained  in  double  the  amount  of 
the  moneys  likely  to  come  into  his  hands,  conditioned 
for  the  faithful  discharge  of  his  duties  as  treasurer; 
which  bond  shall  be  in  addition  to  his  bond  to  the  city, 
town  or  village.  In  case  of  the  failure  of  the  city,  town 
or  village  treasurer  to  give  such  bond  within  ten  days 
after  being  required  so  to  do  by  such  board  of  educa- 
tion, such  treasurer’s  office  shall  become  vacant  and  the 
council  or  board  of  trustees  of  such  city,  town  or  vil- 
lage shall  appoint  another  person  in  his  place,  who  shall 
give  such  additional  bonds.  (See  Appendix  D. — Note 
24.) 

Sec.  806.  BOARD  ASSUMES  CONTROL  AF- 
TER EQUALIZATION  OF  DEBTS  AND  PROP- 
ERTY.— When  any  board  of  education  shall  be  or- 
ganized under  the  provisions  of  this  article,  it  shall, 
after  the  equalization  hereinafter  provided  for,  assume 
control  of  the  schools  of  the  city,  town  or  village  and 
shall  be  entitled  to  the  possession  of  all  property  of  the 
former  district  or  districts  or  parts  thereof  lying  with- 
in such  city,  town  or  village,  for  the  use  of  schools. 
Such  board  shall  also  be  entitled  to  its  due  proportion 
of  all  moneys  on  hand  and  taxes  already  levied  but 
not  collected,  and  shall  be  liable  for  a proper  amount 
of  the  debts  and  liabilities  of  such  former  district,  to 
be  determined  in  the  manner  provided  in  this  chapter 
for  the  equalization,  determination  and  division  of  debts, 
property  and  assets  of  school  districts  consolidated  or 
divided. 


Duties  of 
treasurer. 


Pay  money  on- 
ly upon  proner 
warrant. 


Bond  of  treas- 
urer. 


Vacancy  on 
failure  to  give. 


Board  assumes 
control — when. 


100 


GENERAL  SCHOOL  LAWS 


Special  dis- 
trict part  of 
general  district? 
— when. 


How. 


Election  of 
board  of  edu- 
cation. 


Term. 


Polls  open. 


Notice. 


Sec.  807.  SPECIAL  DISTRICT  MAY  BECOME 
PART  OE  GENERAL  DISTRICT,  WHEN.— Any 
special  district  organized  under  the  general  school  laws 
and  provided  with  a board  of  education  may  become 
a part  of  the  school  district  in  which  it  is  located,  when- 
ever it  is  so  decided  by  a majority  vote  of  the  school 
electors  of  the  city,  town  or  village  and  of  such  school 
district  voting  at  an  election  called  for  that  purpose.  An 
election  for  such  purpose  shall  be  ordered  and  proper 
notice  thereof  given  by  the  board  of  education  and 
the  school  board  of  such  district  in  the  same  manner 
as  is  required  for  the  election  of  school  officers  in  such 
district,  when  petitioned  by  one-third  of  the  voters  resi- 
dent in  such  district,  and  when  so  united  the  determina- 
tion and  division  of  the  debts,  property  and  assets  shall 
be  made  by  arbitration  as  provided  in  this  chapter  for 
school  districts  consolidated  or  divided.  Villages  not 
incorporated  but  heretofore  organized  under  the  gen- 
eral school  laws  and  provided  with  a board  of  edu- 
cation shall  become  a part  of  the  school  district  in 
which  they  are  located  and  the  determination  and  divi- 
sion of  the  property,  debts  and  assets  shall  be  made 
by  arbitration  as  aforesaid. 

Sec.  808.  ELECTION  OF  BOARDS  OF  EDU- 
CATION IN  SPECIAL  DISTRICTS.— On  the  third 
Tuesday  in  June  each  year  an  election  shall  be  held 
in  each  special  district  at  which  such  members  of  the 
board  of  education  shall  be  elected  at  large  as  shall  be 
necessary  to  fill  all  vacancies  therein  caused  by  ex- 
piration of  terms  of  office  or  otherwise,  and  each  mem- 
ber elected  shall  serve  for  a term  of  three  years,  com- 
mencing on  the  second  Tuesday  in  July  following  his 
election  and  until  his  successor  is  elected  and  qualified 
except  when  elected  to  serve  an  unexpired  term.  The 
polls  shall  be  open  at  9 o’clock  A.  M.  and  kept  open 
until  4 o’clock  P.  M.  on  the  day  of  such  election. 

Sec.  809.  NOTICE  OF  ELECTION,  CON- 
TENTS OF. — Such  election  shall  be  called  by  the 
board  of  education  of  such  special  district,  which  shall 
cause  notice  thereof  to  be  posted  or  published  as  re- 
quired by  law  for  the  annual  election  of  civil  officers 
in  the  city,  town  or  village^  comprising  such  special 
district ; such  notice  shall  be  signed  by  the  clerk,  or,  in 
his  absence,  by  the  president  of  the  board  of  education 
of  such  district,  and  shall  state  the  time  and  place  of 
holding  such  election  and  what  officers  are  to  be  elected 
and  their  terms. 


STATE  OF  NORTH  DAKOTA 


101 


Sec.  810.  NOTICE  OF  ELECTION,  FORM  OF. 
— Such  notice  shall  be  in  substantially  the  following 
form : 

Notice  is  hereby  given,  that  on  Tuesday  the 

day  of  June  A.  D an  annual  election  will  be 

held  at  (here  insert  polling  place)  for 

the  purpose  of  electing  the  following  members  of  the 

board  of  education (here  insert  terms 

for  which  they  are  to  be  elected),  for  the  city,  town 

or  village  of  (here  insert  name)  and  the 

polls  will  be  open  at  nine  o’clock  A.  M.  and  closed 
at  four  o’clock  P.  M.  of  that  day. 

By  order  of  the  board  of  education. 

Signed , 

Clerk. 

Sec.  811.  ELECTION  PRECINCTS  AND  OF- 
FICERS OF  ELECTION. — At  least  fifteen  days  prior 
to  such  election  the  board  of  education  of  each  special 
district  shall  designate  one  polling  place  and  appoint 
two  persons  to  act  as  judges  and  two  persons  to  act 
as  clerks.  Before  opening  the  polls  each  of  such 
judges  and  clerks  shall  take  an  oath  that  he  will  per- 
form his  duties  as  judge  or  clerk  (as  the  case  may  be) 
according  to  law  and  to  the  best  of  his  ability,  which 
oath  may  be  administered  by  any  officer  authorized  to 
administer  oadis  or  by  either  of  said  judges  or  clerks 
to  the  others. 

Sec.  812.  CANVASS  OF  RETURNS.— Such  elec- 
tion shall  be  conducted  and  the  votes  canvassed  in  the 
manner  provided  by  law  for  elections  of  county  offi- 
cers, and  returns  shall  be  made  showing  the  number 
of  votes  cast  for  each  person  for  any  office,  which  shall 
be  signed  by  the  judges  and  clerks  of  election,  and  the 
person  receiving  the  highest  number  of  votes  for  each 
office  in  the  district  shall  be  declared  elected,  and  the 
returns  shall  be  filed  with  the  clerk  of  the  board  of 
education  within  two  days  thereafter. 

Sec.  813.  CERTIFICATES  OF  ELECTION.— 
The  clerk  of  the  board  shall  give  to  each  person  elected 
at  such  election  a certificate  stating  that  he  was  duly 
elected  as  a member  of  the  board  of  education  and  the 
time  he  is  to  take  the  oath  and  enter  upon  the  duties 
of  his  office.  Such  clerk  shall  also  certify  as  soon  as 
possible  to  the  county  superintendent  of  schools  the 
persons  so  elected  and  their  terms. 

Sec.  814.  VACANCIES,  HOW  FILLED.— The 
board  of  education  of  each  city,  town  and  village  shall 


Form  of. 


Election  pre- 
cincts and  offi- 
cers. 


Oath. 


Canvass. 


Certificates  of 
election — clerk 
shall  give. 


Vacancies. 


102 


GENERAL  SCHOOL  LAWS 


Official  oath. 


Bonds  Issued 
when  taxes 
are  insufficient 
—how. 


have  power  to  appoint  a person  to  fill  any  vacancy 
which  may  occur  in  the  board ; and  such  appointee 
shall  hold  his  office  until  the  next  annual  school  elec- 
tion, at  '.vhich  time  a person  shall  be  elected  to  serve 
for  the  unexpired  term ; but  if  such  vacancy  shall 
occur  within  ten  days  before  an  annual  election, 
such  appointee  shall  hold  office  until  the  annual 
election  in  the  following  year.  When  any  such  ap- 
pointment shall  be  made  the  clerk  shall  certify  the  same 
to  the  county  superintendent.  (See  Appendix  D. — 
Note  3.) 

Sec.  815.  OATH  OF  OFFICE. — Before  entering 
upon  the  duties  of  his  office  each  person  elected  or  ap- 
pointed as  a member  of  the  board  of  education,  shall 
take  the  oath  or  affirmation  prescribed  in  section  211 
of  the  constitution,  which  oath  shall  be  filed  with  the 
clerk  of  the  board.  (See  Appendix  D. — Note  32.) 

Sec.  816.  BONDS,  HOW  AND  WHEN  ISSUED. 
— Whenever  the  taxes  authorized  by  law  shall  not  be 
sufficient  or  shall  be  deemed  by  the  board  of  education 
to  be  burdensome,  bonds  may  be*  issued  and  negotiated 
for  the  purpose  of  raising  money  to  purchase  a site  or 
to  erect  suitable  buildings  thereon,  or  to  fund  any  out- 
standing indebtedness,  or  for  the  purpose  of  taking  up 
any  outstanding  bonds  of  the  school  corporation ; pro- 
vided, that  the  issuance  of  such  bonds  shall  first  be  au- 
thorized by  the  voters  of  such  special  district  as  here- 
inafter prescribed.  Such  bonds  shall  be  signed  bv  the 
president  and  clerk  and  attested  by  the  corporate  seal 
of  the  board,  shall  bear  the  date  of  their  issue,  and  be 
payable  in  not  less  than  five  nor  more  than  twenty  years 
from  their  date,  at  such  place  as  shall  be  designated 
upon  their  face  The  denominations  of  the  bonds 
which  may  be  issued  under  the  provisions  of  this  article 
shall  be  fifty  dollars  or  some  multiple  of  fifty,  and  .shall 
bear  interest  at  not  more  than  seven  per  cent  per  an- 
num, payable  semi-annually  on  the  first  day  of  Janu- 
ary and  July  in  each  year,  shall  show  upon  their  face 
that  they  are  issued  for  school  purposes,  and  shall  be 
sold  at  not  less  than  par.  Each  bond  shall  have  in- 
dorsed thereon  the  certificate  of  the  clerk  of  the  board 
stating  that  such  bond  is  issued  pursuant  to  law  and  is 
within  the  debt  limit  prescribed  by  the  constitution. 
(See  Appendix  B. — Sections  2434-2488.) 

Sec.  817.  ELECTION  FOR  ISSUING  BONDS. 
— Before  issuing  any  such  bonds  the  board  of  educa- 
tion shall  call  an  election  for  the  purpose  of  submitting 


STATE  OF  NORTH  DAKOTA 


103 


to  the  voters  of  the  district  the  question  of  issuing  such 
bonds,  notice  of  which  shall  be  given  in  the  manner 
prescribed  by  law  for  giving  notice  of  the  annual  elec- 
tion for  the  several  officers  of  the  city,  town  or  village 
comprising  such  special  district,  except  that  such  notice 
shall  be  given  twenty  days  before  such  election.  Such 
election  shall  be  conducted  and  the  returns  made  in  the 
manner  provided  for  the  annual  election  of  members 
of  the  board  of  education  and  may  be  held  at  the  time 
of  the  annual  school  election  or  at  anv  other  time  named 
in  such  notice.  The  notice  of  such  election  shall  clearly 
state  the  amount  of  the  bonds  proposed  to  be  issued, 
the  time  in  which  they  shall  be  made  payable,  the  pur- 
pose for  which  they  are  to  be  issued,  and  the  time  and 
place  such  election  will  be  held.  At  such  election  the 
voters  shall  have  written  or  printed  on  their  ballots  “for 
issuing  bonds”  or  “against  issuing  bonds,”  and  if  a ma- 
jority of  the  votes  cast  is  for  issuing  bonds  such  boncjs 
shall  be  issued  and  negotiated  by  such  board  of  educa- 
tion, but  if  a majority  thereof  is  against  issuing  bonds 
such  bonds  shall  not  be  issued,  nor  shall  the  question 
be  again  submitted  for  one  year  thereafter  except  for 
a different  amount  and  then  only  upon  a written  peti- 
tion of  a majority  of  the  voters  of  the  district. 

Sec.  818.  BONDS  TO  SPECIFY  WHAT.  DEBT 
LIMIT. — The  bonds,  the  issuance  of  which  is  pro- 
vided for  in  the  foregoing  section,  shall  specify  the 
rate  of  interest  and  the  time  when  the  principal  and 
interest  shall  be  paid ; and  no  district  shall  issue  bonds 
in  pursuance  of  this  article  in  a sum  greater  than  five 
per  cent  of  itr  assessed  valuation,  including  other 
debts.  (See  Sec.  yyy.) 

Sec.  819.  LEVY  FOR  INTEREST  AND  SINK- 
ING FUND. — The  board  of  education  at  the  time  of 
its  annual  tax  levy  for  the  support  of  schools  shall  also 
levy  a sufficient  amount  to  pay  the  interest  as  the  same 
accrues  on  all  bonds  issued  under  the  provisions  of  this 
article,  and  also  to  create  a sinking  fund  for  the  re- 
demption of  such  bonds,  which  it  shall  levy  and  collect 
in  addition  to  the  rate  per  cent  authorized  by  the  provi- 
sions aforesaid  for  school  purposes,  and  such  amount 
of  funds  when  paid  into  the  treasury  shall  be  and 
remain  a special  fund  for  such  purpose  only,  and  shall 
not  be  appropriated  in  any  other  way  except  as  herein- 
after provided.  At  or  before  the  issuance  of  any 
bonds  as  herein  provided  the  board  shall  by  resolution 
provide  for  such  annual  levy  to  pay  the  interest  and  to 


EHectlon  tor 
issuing  bonds 
—how  con- 
ducted. 


Bonds — what 
to  specify. 


Limit. 


Interest  and 
sinking  fund 
— levy  to  pay. 


104 


GENERAL  SCHOOL  LAWS 


Sinking  fund 
—how  invest- 
ed. 


Interest  cou- 
pons— pay- 
ment of. 


Bonds— how 
secured. 


Bond  register 
—what  to 
show. 


Refunding 

bonds. 


Description  of 


Exchange  of 
bonds. 


create  such  sinking  fund,  and  such  resolution  shall 
remain  in  force  until  all  such  bonds  and  the  interest 
thereon  shall  have  been  paid.  {See  sec.  77Q.) 

Sec.  820.  INVESTMENT  OF  SINKING  FUND. 
— All  moneys  raised  for  the  purpose  of  creating  a 
sinking  fund  for  the  final  redemption  of  all  bonds  issued 
under  this  article,  shall  be  invested  annually  by  the 
board  of  education  in  the  bonds  of  this  state  or  of  the 
United  States,  or  the  board  may  buy  and  cancel  the 
bonds  of  the  district.  {See  Laws  igoi,  eh.  igo,  after 
sec.  827  post.) 

Sec.  821.  INTEREST  COUPONS.— When  the 
interest  coupons  of  the  bonds  hereinbefore  authorized 
shall  become  due  they  shall  be  promptly  paid,  upon  pre- 
sentation, by  the  treasurer,  out  of  any  moneys  in  his 
hands  collected  for  that  purpose,  and  he  shall  indorse 
in  red  ink  upon  the  face  of  such  coupons  the  word 
‘‘paid”  and  the  date  of  payment  and  sign  the  initials 
of  his  name. 

Sec.  822.  SECURITY  FOR  PAYMENT  OF 
BONDS. “The  school  fund  and  property  of  such  school 
corporation  and  territory  attached  for  such  purposes  is 
hereby  pledged  to  the  payment  of  the  interest  and 
principal  of  the  bonds  mentioned  in  this  article  as  the 
same  may  become  due. 

Sec.  823.  BOND  REGISTER. — The"  clerk  of  the 
board  of  education  shall  register  in  a book  provided 
for  that  purpose  the  bonds  issued  under  this  article, 
and  all  warrants  issued  by  the  board,  which  register 
shall  show  the  number,  date  and  amount  of  such  bonds 
and  to  whom  payable. 

Sec.  824.  REFUNDING  BONDS,  ISSUANCE 
OF. — The  board  of  education  of  any  special  or  inde- 
pendent school  district  shall  have  power,  whenever 
two-thirds  of  the  members  of  such  board  shall  deem 
it  necessary  and  for  the  best  interests  of  such  school 
district,  to  issue  bonds  for  the  purpose  of  refunding 
any  outstanding  bonds  when  the  same  become  due. 
Such  bonds  shall  be  issued  in  denominations  of  fifty 
dollars  or  some  multiple  of  fifty,  and  shall  not  exceed 
in  amount  the  face  value  of  the  bonds  they  are  issued 
to  replace,  and  shall  not  bear  a higher  rate  of  interest 
than  seven  per  cent  per  annum,  payable  semi-annually 
on  the  first  day  of  January  and  July  of  each  year,  nor 
run  for  a longer  period  than  twenty  years. 

Sec.  825.  BONDS  MAY  BE  EXCHANGED.— 
Such  refunding  bonds  may  be  exchanged  at  par  for 


STATE  OF  NORTH  DAKOTA 


105 


an  equal  amount  of  outstanding  bonds  or  may  be 
sold  at  not  less  than  par  value  and  the  proceeds  applied 
solely  to  the  payment  of  the  bonds  to  be  refunded,  ex- 
cept that  any  premium  that  may  be  received  on  the 
sale  of  such  bonds  shall  be  kept  as  a separate  fund 
and  used  for  ihe  payment  of  the  interest  on  such  bonds- 
Sec.  826.  ISSUE  OF  BONDS,  HOW  GOV- 
ERNED.— In  the  issuance  of  such  refunding  bonds 
the  board  of  education  shall  be  governed  by  the  pro- 
visions of  section  818  to  823. 

Sec.  827.  SURPLUS  FUNDS,  HOW  TRANS- 
FERRED.— Any  moneys  remaining  in  the  treasury 
of  such  school  districts,  appropriated  or  held  for  the 
purpose  of  paying  such  bonds  so  refunded,  may,  at 
the  discretion  of  the  board  of  education  at  any  time 
within  six  months  after  such  refunded  bonds  have 
been  taken  up  and  canceled,  be  transferred  to  the 
building  or  contingent  fund  of  such  district. 

INVESTMENT  OF  FUNDS  OF  SPECIAL 
SCHOOL  DISTRICTS. 

{Chapter  ipo,  Laws  ipoi.) 

Section  1.  INVESTMENT  OF  SINKING 
FUNDS.  SCHOOL  DISTRICTS.— All  moneys 
raised  for  the  purpose  of  creating  a sinking  fund 
for  the  final  ledemption  of  all  bonds  issued  under  ar- 
ticle 17  of  chapter  9 of  the  civil  code  of  the  state 
shall  be  invested  annually  by  the  board  of  education 
of  any  special  school  district  in  this  state  as  follows, 
viz : 

1.  In  the  bonds  of  this  state  or  of  the  United 
States. 

2.  Special  school  district  board  may  designate 
one  or  more  national  or  state  banks  in  the  county 
where  such  special  school  district  is  situated  as  a 
depository  for  such  sinking  fund,  and  in  such  case 
the  school  board  shall  advertise  for  at  least  two 
weeks  in  some  newspaper  printed  within  the  limits 
of  said  special  school  district,  if  there  be  one,  if  not, 
in  the  county  where  said  school  district  is  situated, 
for  sealed  proposals  for  the  deposit  of  the  sinking 
fund  of  such  school  district,  reserving  the  right  to 
reject  any  and  all  bids,  satisfying  itself  of  the  re- 
sponsibility of  all  banks  proposing  to  act  as  deposi- 
tories. Before  any  bank  shall  be  designated  as  such 
depository  it  shall  present  to  the  school  board  a 
sealed  proposal  stating  in  writing  what  rate  of  in- 
terest will  be  paid  for  the  deposit  of  such  sinking 


Law  govern- 
ing. 


Surplus  funds 
—disposal  of. 


Investment  of 
sinking  fund. 


In  U.  S.  bonds. 


Depository. 


Bond  of. 


106 


GENERAL  SCHOOL  LAWS 


Treasurer 
exempt  from 
liability. 


May  buy 
bonds. 


Mortgages. 


Not  to  exceed 
ten  years. 


funds,  and  shall  submit  to  the  board  for  its  approval 
a bond  payable  to  the  special  school  district  condi- 
tioned for  the  safe  keeping  and  repayment  of  any 
funds  deposited  in  such  bank,  which  bond  shall  be 
signed  by  not  less  than  three  freeholders  of  this 
state  as  sureties  or  some  surety  bond  company  quali- 
fied to  do  business  in  this  state  and  such  bond  to  be  in 
the  sum  required  by  the  school  board  and  in  no  case 
to  be  less  than  double  the  probable  amount  of  the 
funds  to  be  deposited  in  such  bank.  . The  approval 
of  such  bond  shall  be  indorsed  thereon  by  the  board 
and  deposited  with  the  county  auditor  and  any  bank 
whose  bond  shall  have  been  so  approved  shall  there- 
upon be  designated  by  the  school  board  as  a deposi- 
tory for  the  sinking  fund,  and  shall  continue  as  such, 
until  such  time  as  the  board  shall  direct  the  with- 
drawal of  such  funds  or  until  such  funds  are  needed 
for  the  payment  or  the  purchase  of  bonds  as  pro- 
vided for  in  this  act.  When  the  sinking  fund  of 
any  special  school  district  is  deposited  by  the  treas- 
urer of  the  board  of  education  of  said  school  dis- 
trict in  the  name  of  the  school  district  in  such  de- 
pository such  treasurer  and  his  sureties  shall  be  ex- 
empt from  all  liability  thereon  by  reason  of  loss 
of  any  such  funds  from  the  failure,  bankruptcy  or 
an}^  other  act  of  any  such  bank,  to  the  extent  only 
of  such  funds  in  the  hands  of  such  bank  or  banks 
at  the  time  of  such  failure  or  bankruptcy.  Such 
depository  shall  furnish  to  the  clerk  of  the  board  of 
education  of  such  special  school  district  prior  to 
the  fifth  day  of  July  of  each  year,  a verified  state- 
ment of  the  school  district  account  with  such  deposi- 
tory for  the  year  ending  June  30,  which  statement 
shall  show  a credit  to  such  deposit  account  of  all 
sums  of  interest  accruing  on  the  sinking  fund  de- 
posited. (See  Sec.  779-) 

3.  The  board  of  education  of  any  special  school 
district  may  buy  and  cancel  the  bonds  of  such  dis- 
trict and  pay  for  the  same  with  the  moneys  in  the 
sinking  fund  created  to  pay  such  bonds. 

4.  In  first  mortgages  on  farm  lands  in  this  state 
only  in  the  following  manner,  to-wit : 

(a)  That  said  first  mortgages  and  all  of  them, 
shall  run  for  a period  of  time  and  not  exceed  ten 
years  and  that  the  funds  so  invested  shall  bear  in- 
terest at  a rate  not  less  than  six  per  cent  per  annum 
and  such  interest  when  paid  shall  be  covered  into 
and  become  a part  of  the  said  sinking  fund.. 


STATE  OF  NORTH  DAKOTA 


107 


(b)  First  mortgage  loans  shall  only  be  made 
upon  cultivated  lands  within  the  state,  and  to  per- 
sons who  are  actual  residents  thereof.  And  in  no 
case  on  lands  of  which  the  appraised  value  is  less 
than  seven  dollars  and  fifty  cents  per  acre,  and  in 
sums  not  more  than  one  thousand  dollars  to  any  one 
person,  firm  or  corporation.  Such  appraisement  to 
be  made  by  the  school  board  of  such  special  school 
district  or  by  some  competent  person  designated  by 
them  for  the  purpose. 

(c)  All  or  any  of  said  mortgages  may  be  satis- 
fied at  any  time  after  five  years  from  the  date  when 
made  on  payment  of  the  full  amount  due  thereon, 
by  an  instrument  in  writing  executed  in  the  corpo- 
rate name  of  the  special  school  district  which  shall 
be  the  payee  in  all  notes  taken  for  loans  as  here- 
in provided  and  the  mortgagee  in  all  mortgages  tak- 
en. Such  instrument  to  be  executed  and  acknowl- 
edged in  the  same  manner  as  is  or  may  be  provided 
for  by  law  for  the  execution  and  acknowledgment 
of  transfers  of  real  estate  by  corporations.  Such 
mortgages  may  be  foreclosed  by  advertisements  or 
an  action  in  the  name  of  the  special  school  district 
in  any  court  of  competent  jurisdiction  as  is  now 
or  may  be  provided  by  law. 

Article  18. — Independent  School  Districts. 

Sec.  828.  INDEPENDENT  DISTRICTS,  HOW 
ORGANIZED. — Any  city  heretofore  organized  for 
school  purposes  under  a special  law  and  provided  with 
a board  of  education  may  become  incorporated  as  an 
independent  school  district  under  the  provisions  of 
this  article  in  the  manner  following:  Whenever  one- 

eighth  of  the  legal  voters  of  such  city  voting  at  the 
preceding  municipal  election  shall  petition  the  mayor 
and  council  thereof  to  submit  the  question  as  to  wheth- 
er such  city  shall  establish  an  independent  school  dis- 
trict under  this  article  to  a vote  of  the  electors  in 
such  city  it  shall  be  the  duty  of  such  mayor  and  council 
to  submit  such  question  accordingly  and  to  appoint  a 
time  and  place  or  places  at  which  such  vote  may  be 
taken  and  to  designate  the  persons  who  shall  act  as 
judges  at  such  election,  but  such  question  shall  not  be 
submitted  oftener  than  once  in  two  years. 

Sec.  829.  NOTICE  OF  ELECTION.— The 
mayor  of  such  city  shall  cause  at  least  twenty  days’ 
notice  of  such  election  to  be  given  by  publishing 
a notice  thereof  in  one  or  more  newspapers  within  such 


By  whom  and 
on  what  lands 


Paid  after  five 
years. 


Foreclosure. 


Independent 

districts. 


How  organ- 
ized. 


Election 

board. 


Election- 
notice  of. 


108 


GENERAL  SCHOOL  LAWS 


Ballots— 
form  of. 


Bounded  by 
city  limits. 


Board  of 
education- 
how  elected. 


Quorum. 


Member  at 
large. 


city,  but  if  no  newspaper  is  published  therein,  then 
by  posting  at  least  five  copies  of  such  notice  in  each 
ward  or  voting  precinct. 

Sec.  830.  FORM  OF  BALLOTS.  RETURNS.— 
The  ballots  to  be  used  at  such  election  shall  be  in  the 
following  form : “For  establishing  an  independent 

school  district”  or  “against  establishing  an  independ- 
ent school  district.”  The  judges  of  such  election  shah 
make  returns  thereof  to  the  city  council  whose  duty  it 
shall  be  to  canvass  such  returns  and  cause  the  result 
of  such  canvass  to  be  entered  upon  the  records  of  such 
city.  If  a majority  of  the  votes  cast  at  such  election 
shall  be  for  establishing  an  independent  school  district, 
such  independent  school  district  shall  thenceforth  be 
deemed  to  be  organized  under  this  article  and  the 
board  of  education  then  in  office  shall  thereupon  exer- 
cise the  powers  conferred  upon  like  officers  in  this  ar- 
ticle until  their  successors  are  elected  and  qualified. 

Sec.  831.  BOUNDARIES  OF  INDEPENDENT 
DISTRICTS. — All  that  portion  included  within  the 
corporate  limits  of  any  city,  together  with  the  additions 
that  are  now  or  may  be  hereafter  attached  to  such  city 
limits  shall  be  constituted  and  established  an  independ- 
ent school  district  to  be  designated  as  the  “Independ- 
ent School  District  of  the  City  of  ” and  a 

board  of  education  is  hereby  established  for  the  same. 

Sec.  832.  MEMBERS  OF  BOARD,  HOW 
ELECTED.  QUORUM. — Such  board  shall  consist 
of  one  member  from  each  ward  in  the  city,  and  when 
the  city  is  divided  into  an  even  number  of  wards,  then 
such  city  shall  elect  one  member  of  such  board  at 
large.  Such  members  shall  hold  their  -office  for  the 
term  of  two  years  and  until  their  successors  are  elect- 
ed and  qualified.  A majority  of  the  members  of  such 
board  shall  constitute  a quorum  for  the  transaction 
of  business,  but  a smaller  number  may  meet  and  ad- 
journ. The  electors  in  each  ward  in  such  city  shall 
elect  one  member  of  such  board,  and  the  electors  of 
such  city  shall  elect  one  member  of  the  board  at  large. 
The  wards  having  even  numbers  shall  hold  their  elec- 
tion in  each  even  numbered  year,  and  the  wards  hav- 
ing odd  numbers  shall  hold  their  election  in  each  odd 
numbered  year.  The  member  at  large  shall  be  elected 
biennially  in  che  even  numbered  years ; provided,  when 
such  city  is  divided  into  three  wards^  such  board 
shall  consist  of  five  members,  one  member  from  each 
ward  and  two  members  to  be  chosen  at  large;  pro- 
vided, also,  that  at  the  first  election  members  from  even 


STATE  OF  NORTH  DAKOTA 


109 


numbered  wards  shall  be  elected  for  a term  of  one 
year,  and  members  from  odd  numbered  wards  for  a 
term  of  two  years  ; when  two  members  are  to  be  chosen 
at  large  at  such  first  election,  one  shall  be  elected  for 
a term  of  one  year  and  one  for  a term  of  two  years. 

Sec.  833.  DATE  OF  ELECTION.  CANVASS 
OF  VOTES. — The  election  referred  to  in  the  fore- 
going sections  shall  be  held  on  the  third  Monday  in 
April  of  each  year,  at  the  usual  polling  place  for  muni- 
cipal elections  in  each  ward.  The  mayor  shall  have 
authority  and  is  hereby  empowered  to  appoint  two 
judges  and  one  clerk  for  such  election,  who  shall  open 
the  polls  at  the  hour  of  eleven  o’clock  in  the  forenoon 
and  hold  the  same  open  until  five  o’clock  in  the  after- 
noon of  the  same  day.  Such  election  shall  be  con- 
ducted in  all  respects  and  the  polls  closed  and  votes 
canvassed  in  the  same  manner  as  municipal  elections, 
and  the  judges  shall  have  the  same  power  and  author- 
ity in  all  respects  as  the  judges  of  election  for  munici- 
pal officers,  and  after  the  votes  are  canvassed  the 
judges  shall  make  their  returns  to  the  city  clerk  or 
auditor,  as  the  case  may  be,  within  twenty-four  hours 
after  the  polls  are  closed,  and  the  city  council  shall 
canvass  such  returns  and  declare  the  result  within 
three  days  thereafter,  which  result  shall  be  entered 
upon  the  records  of  the  city,  and  it  shall  be  the  duty 
of  the  city  clerk  or  auditor  to  issue  certificates  of  elec- 
tion to  the  persons  declared  elected.  The  judges  and 
clerks  of  election  shall  receive  the  same  compensation 
for  their  services  as  at  municipal  elections  for  mayor 
and  aldermen. 

Sec.  834.  VACANCIES,  HOW  FILLED.— If 
any  vacancy  occurs  in  the  board  for  any  cause,  the 
remaining  members  thereof  shall  fill  such  vacancy  by 
appointment  until  the  next  annual  election,  and  at 
such  election  a new  member  shall  be  elected  to  fill 
the  unexpired  term. 

Sec.  835.  STYLE  AND  POWERS  OF  BOARD. 
— The  board  so  elected  shall  be  a body  corporate  in 
relation  to  all  the  powers  and  duties  conferred  upon  it 
by  this  article,  and  shall  be  styled  “The  Board  of 
Education  of  the  Independent  School  District  of  the 

City  of  (here  insert  the  name  of  the 

city)”  and  as  such  shall  have  the  power  to  sue  and  be 
sued,  contract  and  be  contracted  with,  and  shall  pos- 
sess all  the  powers  usual  and  incident  to  such  bodies 
corporate,  and  such  as  shall  be  herein  given,  and 
shall  procure  and  keep  a corporate  seal.  At  each  an- 


Election — 
date  of. 


Conduct  of. 


Vacancies— 
how  filled. 


Board— how 
styled. 


Powers. 


110 


GENERAL  SCHOOL  LAWS 


Officers. 


Annual 

meeting. 


Compensation 
— contracts. 


Care  ef  prop- 
erty. 


Meetings. 


Secretary — 
duties  of. 


nual  meeting  of  the  board  the  members  thereof  shall 
elect  one  of  their  number  president  of  the  board,  and 
when  he  is  absent  a president  pro  tempore  shall  be 
appointed  who  shall  preside  during  such  absence.  The 
members  so  elected  shall  each  qualify  by  taking  the 
prescribed  oath  of  office  within  ten  days  after  receiving 
their  certificate  of  election,  and  shall  assume  the  duties 
of  the  office  at  the  annual  meeting  of  the  board  held 
on  the  first  Monday  in  May  of  each  year. 

Sec.  836.  RESPONSIBILITY  OF  BOARD.— 
The  members  of  the  board  shall  receive  no  compen- 
sation, nor  be  interested  directly  or  indirectly  in  any 
contract  for  building  or  making  any  improvements 
or  repairs  provided  by  this  chapter.  They  shall  have 
the  care  and  custody  of  all  public  property  in  such 
district  pertaining  to  school  purposes  and  the  gener- 
al management  and  control  of  all  school  matters. 

Sec.  837.  MEETINGS  OF  BOARD.— The  regu- 
lar meetings  of  the  board  shall  be  held  on  the  first 
Tuesday  of  each  month,  and  the  board  may  hold  spe- 
cial meetings  upon  notice.  The  regular  meetings  may 
be  adjourned  for  any  time  shorter  than  one  month. 
Special  meetings  may  be  called  by  the  president,  or  in 
case  of  his  absence  or  inability  to  act,  by  any  three 
members  of  the  board  as  often  as  necessary  by  giving 
a personal  notice  in  writing  to  each  member  of  the 
board  or  by  causing  such  notice  to  be  left  at  his  place 
of  residence  at  least  forty-eight  hours  before  the  hour 
of  such  special  meeting. 

Sec.  838.  SECRETARY,  DUTIES  OF.— Such 
board  shall  appoint  a secretary,  who  shall  hold  his 
office  during  the  pleasure  of  the  board  and  whose  com- 
pensation shall  be  fixed  by  the  board.  The  secretary 
shall  keep  a record  of  the  proceedings  of  the  board 
and  perform  such  other  duties  as  the  board  may 
prescribe.  Such  record,  or  a transcript  thereof,  certi- 
fied by  the  secretary  and  attested  by  the  seal  of  the 
board,  shall  be  received  in  all  courts  as  prima  facie 
evidence  of  the  facts  therein  set  forth ; and  such  rec- 
ords, and  all  books,  accounts,  vouchers  and  papers 
of  the  board  shall  at  all  times  be  subject  to  inspection 
by  the  members  of  such  board  or  any  committee  there- 
of, or  by  any  taxpayer  of  the  district.  For  the  pur- 
pose of  economy  the  board  may,  if  deemed  advisable, 
appoint  one  of  its  own  members  secretary.  The  an- 
nual report  of  the  secretary  shall  contain  such  items 
as  may  be  required  by  the  superintendent  of  public 
instruction. 


STATE  OF  NORTH  DAKOTA 


111 


Sec.  839.  POWERS  OF  BOARD.— The  board 
shall  have  power  and  it  shall  be  its  duty  to  levy  and 
raise  from  time  to  time  by  tax  such  sums  as  may  be 
determined  by  the  board  to  be  necessary  and  proper 
for  any  of  the  following  purposes : 

1.  To  purchase,  exchange,  lease  or  improve  sites 
for  school  houses. 

2.  To  build,  purchase,  lease,  enlarge,  alter,  improve 
and  repair  school  houses  and  their  outhouses  and  ap- 
purtenances. 

3.  To  purchase,  exchange,  improve  and  repair 
school  apparatus',  books,  furniture  and  appendages. 

4.  To  procure  fuel  and  defray  the  contingent  ex- 
penses of  the  board,  including  the  expenses  of  the 
secretary. 

5.  To  pay  teachers’  wages  after  the  apportionment 
of  public  moneys  which  may  be  by  law  appropriated 
and  provided  for  that  purpose. 

Sec  840.  COLLECTION  OF  TAX.— The  tax  to 
be  levied  and  collected  as  aforesaid  by  virtue  of  this 
article  shall  be  collected  in  the  same  manner  as  other 
county  taxes,  and  for  that  purpose  the  board  of  edu- 
cation shall  have  power  to  levy  and  cause  to  be  col- 
lected such  taxes  as  are  herein  authorized,  and  shall 
cause  the  amount  for  each  purpose  to  be  certified  by 
the  secretary  to  the  county  auditor  in  time  to  be  added 
to  and  put  upon  the  annual  tax  list  of  the  county.  And 
it  shall  be  the  duty  of  the  county  auditor  to  calculate 
and  extend  upon  the  annual  assessment  roll  and  tax 
list  the  tax  so  levied  by  such  board,  and  such  tax  shall 
be  collected  as  other  county  taxes  are  collected. 

Sec.  841.  AMOUNT  OF  TAX  LIMITED.— The 
amount  raised  for  teachers’  wages  and  contingent  ex- 
penses shall  be  only  such  as  together  with  the  public 
m.oneys  coming  to  such  district  from  the  state  and 
county  fund  and  other  sources  shall  be  sufficient  to 
maintain  efficient  and  proper  schools  in  such  district. 
The  taxes  for  the  purchasing,  leasing  or  improving  of 
sites,  and  the  building,  purchasing,  leasing,  enlarging, 
altering  or  repairing  of  school  houses  shall  not  exceed 
in  any  year  twenty  mills  on  the  dollar  of  the  assessed 
valuation  of  the  taxable  property  of  the  district  and  the 
board  of  education  is  authorized  and  directed,  when 
necessary,  to  borrow  in  anticipation,  the  amount  of 
the  taxes  to  be  raised,  levied  and  collected  as  aforesaid. 

Sec.  842.  AUTHORITY  TO  ISSUE  BONDS.— 
The  board  of  education  of  such  district  is  authorized 
and  empowered,  and  it  is  its  duty  whenever  the  board 


Taxes— pow- 
ers of  board 
as  to. 


Purposes  for 
which  taxes 
may  be  levied. 


Taxes — how 
collected. 


Taxes— limi- 
tation. 


Bonds— 
authority  to 
Issue. 


112 


GENERAL  SCHOOL  LAWS 


Bonds  must 
show  what. 


City  treasurer 
— moneys  to  be 
paid  to. 


Treasurer’s 

bond. 


deems  it  necessary  for  the  efficient  organization  and 
establishment  of  schools  in  such  district,  and  when  the 
taxes  authorized  by  this  article  shall  not  be  sufficient 
or  shall  be  deemed  by  the  board  to  be  burdensome  upon 
the  taxpayers  of  the  district,  from  time  to  time  to  issue 
bonds  of  the  district  in  the  denomination  of  fifty  dol- 
lars or  some  multiple  of  fifty,  payable  at  a time  not 
to  exceed  twenty-five  years  after  date  and  bearing  in- 
terest at  a rate  not  to  exceed  seven  per  cent  per  annum, 
payable  semi-annually  on  the  first  day  of  January  and 
July  of  each  year;  and  to  show  upon  their  face  that 
they  are  issued  for  the  purpose  of  building  or  fur- 
nishing a school  house  or  school  houses,  purchasing 
grounds  on  which  to  locate  the  same,  or  to  fund  any 
outstanding  indebtedness,  or  for  the  purpose  of  taking 
up  any  outstanding  bonds ; and  the  said  board  of  edu- 
cation is  authorized  to  cause  the  same  to  be  sold  at  not 
less  than  par  value,  and  the  money  realized  therefrom 
deposited  with  the  city  treasurer  to  the  credit  of  such 
board  of  education ; and  when  any  bonds  shall  be  so 
negotiated  it  shall  be  the  duty  of  the  board  to  provide 
by  tax  for  the  payment  of  the  principal  and  interest 
of  such  bonds ; provided,  that  at  no  time  shall  the  ag- 
gregate amount  of  such  bonds,  including  all  other  in- 
debtedness, exceed  fifty  mills  on  the  dollar  of  valuation 
of  the  taxable  property  of  such  district,  to  be  deter- 
mined by  the  last  city  assessment.  (See  Sec  775.) 

Sec.  843.  MONEYS  PAID  TO  CITY  TREAS- 
URER.— All  moneys  raised  pursuant  to  the  provisions 
of  this  article  and  all  moneys  which  shall  by  law  be 
appropriated  to  or  provided  for  such  district,  shall  be 
paid  over  to  the  city  treasurer  of  the  city,  and  the 
county  treasurer  shall  from  time  to  time,  as  he  shall 
receive  the  county  school  funds,  and  at  least  once  in 
each  month,  on  the  first  Monday  thereof,  pay  over  to 
such  city  treasurer  the  proportion  thereof  belonging 
to  such  district ; and  for  that  purpose  the  board  shall 
have  the  power  to  cause  all  needful  steps  to  be  taken 
including  census  reports  or  other  acts  or  things,  to 
enable  such  board  to  receive  the  school  money  belong- 
ing to  such  district,  as  fully  and  completely  as  though 
such  district  formed  one  of  the  school  districts  of  the 
county  where  the  same  may  be  situated. 

Sec.  844.  BOND  OF  TREASURER.— The  city 
treasurer  of  such  city  shall  give  a bond  to  such  board 
of  education  in  such  sum  as  the  board  shall  from  time 
to  time  require,  with  two  or  more  sureties  to  be  ap- 
proved by  the  board,  conditioned  for  the  safe-keeping 


STATE  OF  NORTH  DAKOTA 


113 


of  the  school  funds,  which  shall  be  in  addition  to  his 
other  bond;  and  such  treasurer  and  the  sureties  upon 
such  bond  shill  be  accountable  to  the  board  for  the 
moneys  that  come  into  his  hands,  and  in  case  of  failure 
of  such  treasurer  to  give  such  bond  when  required 
by  the  board,  or  within  ten  days  thereafter,  his  office 
shall  become  A^acant  and  the  city  council  shall  appoint 
another  person  in  his  place. 

Sec.  845.  SCHOOL  FUNDS,  HOW  KEPT 
AND  PAID  OUT. — All  moneys  required  to  be  raised 
by  virtue  of  this  article  shall  be  paid  in  cash  or  in  war- 
rants hereinafter  provided,  drawn  on  the  school  fund 
only,  and  such  moneys  and  all  moneys  received  by 
such  district  for  the  use  of  the  common  schools  there- 
in shall  be  deposited  for  safe-keeping  with  such  city 
treasurer  to  the  credit  of  the  board  of  education  and 
shall  by  him  be  safely  kept  separate  and  apart  from 
any  other  funds  until  drawn  from  the  treasury  as  here- 
in provided.  Such  treasurer  shall  pay  out  the  moneys 
authorized  by  this  article  only  upon  warrants  drawn 
by  the  president,  countersigned  by  the  secretary  and 
attested  by  the  seal  of  such  board  of  education. 

Sec.  846.  GENERAL  POWERS  OF  BOARD.— 
The  board  shall  have  power  and  it  shall  be  its  duty ; 
(See  Sec.  79/.) 

1.  To  organize  and  establish  such  schools  in  the 
district  as  it  shall  deem  requisite  and  expedient,  and 
to  change  and  discontinue  the  same. 

2.  To  purchase,  sell,  exchange  and  hire  school 
houses  and  rooms,  lots  or  sites  for  school  houses,  and 
to  fence  and  improve  the  same.  (See  Appendix  C. — 
VI,  I,  a.  b.) 

3.  To  build,  enlarge,  alter,  improve  and  repair 
school  houses,  outhouses  and  appurtenances  as  it  may 
deem  advisable  upon  lots  and  sites  owned  by  the  dis- 
trict. 

4.  To  purchase,  sell,  exchange,  improve  and  re- 
pair school  apparatus,  books  for  indigent  pupils,  furni- 
ture and  appendages  and  provide  fuel  for  schools. 

5.  To  have  the  custody  and  safe  keeping  of  the 
school  houses,  outhouses,  books,  furniture  and  appur- 
tenances, and  to  see  that  the  ordinances  of  the  city 
council  in  relation  thereto  are  observed. 

6.  To  contract  with  and  employ  all  teachers  in  such 
schools  and  remove  them  at  pleasure. 

7.  To  pay  the  wages  of  such  teachers  out  of 
the  money  appropriated  and  provided  jDy  lav/  for  the 
support  of  common  schools  in  such  district,  so  far  as 


Vacancy  on 
failure  to  give. 


Moneys— 
liow  paid  out. 


General  pow- 
ers of  board; 


Over  schools. 


Houses  and 
sites. 


Buildings. 


Books  and  ap- 
paratus. 


Care  of  prop- 
erty. 


Teachers. 


Teachers 

wages. 


School  Laws— 8 


114 


GENERAL  SCHOOL  LAWS 


Expenses. 


Rules  and  reg- 
ulations. 


Prepare  ordin- 
ances. 


Certify  tax 
levy. 


Visitation. 


Non-resident 

pupils. 


Expenditures 
—must  be 
within  rev- 
enues. 


the  same  shall  be  sufficient,  and  the  residue  thereof 
from  the  money  authorized  to  be  raised  by  this  article. 

8.  To  defray  the  necessary  and  contingent  expenses 
of  the  board,  including  the  compensation  of  the  sec- 
retary. 

9.  To  have  in  all  respects  the  superintendence, 
supervision  and  management  of  the  common  schools 
of  such  district,  and  from  time  to  time  to  adopt,  alter, 
modify  and  repeal,  as  they  may  deem  expedient,  rules 
and  regulations  for  their  organization,  grading,  gov- 
ernment and  instruction,  for  the  reception  of  pupils 
and  their  transfer  from  one  school  to  another,  for  the 
suspension  and  expulsion  of  pupils  subject  to  the 
same  restrictions  as  are  contained  in  subdivision  11 
of  section  797,  and  generally  for  their  good  order, 
prosperity  and  utility. 

10.  To  prepare  and  report  to  the  city  council  of 
the  city  such  ordinances  and  regulations  as  may  be 
necessary  and  proper  for  the  protection,  safe-keeping, 
care  and  preservation  of  school  houses,  lots,  and  sites 
and  appurtenances  and  all  the  property  belonging  to 
the  district  connected  with  or  appertaining  to  the 
schools  within  the  city  limits,  and  to  suggest  proper 
penalties  for  the  violation  of  such  ordinances  and  regu- 
lations, and  annually,  on  or  before  the  first  Monday  in 
July,  to  determine  and  certify  to  the  county  auditor 
the  rate  of  taxation  in  its  opinion  necessary  and  proper 
to  be  levied  under  the  provisions  of  this  article  for 
the  year  commencing  on  the  first  day  of  July  there- 
after, and  also  at  any  time  to  determine  how  many  and 
what  denomination  of  bonds  shall  be  issued  and  sold  to 
pay  the  extraordinary  outlays  required. 

Sec.  847.  VISITING  SCHOOLS.— Each  member 
of  the  board  shall  visit  all  the  public  schools  in  the 
district  at  least  twice  in  each  year  of  his  official  term, 
and  the  board  shall  provide  that  each  of  the  schools 
shall  be  visited  by  a committee  of  three  or  more  of 
their  number  at  least  once  during  such  term. 

Sec.  848.  NON-RESIDENT  PUPILS.—  Such 
board  of  education  shall  have  power  to  allow  the 
children  not  resident  in  such  district,  to  attend  the 
schools  of  such  district  under  the  control  and  care  of 
such  board,  upon  such  terms  as  the  board  shall  pre- 
scribe, fixing  the  tuition  which  shall  be  paid  therefor. 

Sec.  849.  EXPENDITURES  NOT  TO  EX- 
CEED REVENUES. — It  shall  be  the  duty  of  the 
board  in  all  its  expenditures  and  contracts  to  have  ref- 
erence to  the  amount  of  money  which  shall  be  sub- 


STATE  OF  NORTH  DAKOTA 


115 


ject  to  its  order  during  the  current  year  for  the  par- 
ticular expenditures  in  question  and  not  to  exceed 
that  amount. 

Sec.  850.  TITLE  TO  PROPERTY  OF  DIS- 
TRICT.— The  title  to  all  property  belonging  to  any 
such  independent  school  district  shall  be  vested  in 
such  district  for  the  use  of  the  schools,  and  the  same 
while  used  and  appropriated  for  school  purposes  shall 
not  be  levied  upon  or  sold  by  virtue  of  any  warrant 
or  execution  or  other  process,  nor  be  subject  to  any 
judgment  or  mechanic’s  lien  or  taxation  for  any  pur- 
pose whatever ; and  the  district  in  its  corporate  capacity 
may  take,  hold  and  dispose  of  any  real  and  personal 
property  transferred  to  it  by  gift,  grant,  bequest  or  de- 
vise for  the  use  of  common  schools  for  the  district, 
whether  the  same  is  transferred  in  terms  to  such  dis- 
trict by  its  proper  name  or  to  any  person  or  body  for 
the  use  of  such  schools. 

Sec.  851.  REAL  PROPERTY.  TITLE,  HOW 
CONVEYED. — Whenever  any  property  is  purchased 
by  the  board  a conveyance  thereof  shall  be  taken  in 
the  name  of  such  district ; and  whenever  any  sale  of 
such  property  is  made  by  the  board,  a resolution  in 
favor  of  such  sale  shall  first  be  adopted  and  spread 
upon  the  records  of  the  board,  and  the  conveyance  of 
such  property  shall  be  executed  in  the  name  of  such 
district  by  the  president  of  the  board  attested  by  the 
secretary  under  the  seal  thereof,  and  acknowledged  by 
such  officers.  Such  president  and  secretary  shall  have 
authority  to  execute  conveyances  as  aforesaid,  with  or 
without  covenants  of  warranty  on  behalf  of  the  dis- 
trict. 

Sec.  852.  REPORT  OE  CITY  TREASURER.— 
It  shall  be  the  duty  of  the  city  treasurer  at  least  fifteen 
days  before  the  annual  election  for  members  of  such 
board  and  as  often  as  called  upon  by  the  board,  to 
prepare  and  report  to  such  board  a true  and  correct 
statement  of  the  receipts  and  disbursements  of  moneys 
under  and  pursuant  to  the  provisions  of  this  article, 
during  the  preceding  year,  which  statement  shall  set 
forth  under  appropriate  head: 

1.  The  money  raised  by  the  board  under  section 
839. 

2.  The  school  moneys  received  from  the  county 
treasurer. 

3.  The  money  received  under  section  842. 


Title  to  prop- 
erty-how 
vested. 


Not  subject  to 
lien. 


By  gift  and 
devise. 


Real  estate — 
how  conveyed. 


Treasurer- 
reports  by. 


Contents  of 
report. 


116 


GENERAL  SCHOOL  LAWS 


Ordinances— 
city  council 
to  pass. 


Penalties. 


Notice  to 
member-elect 
of  board. 


Penalty  for  re- 
fusal to  act. 


Old  debts  to 
be  assumed  by 
district. 


Board  elected 
at  large — when 


4.  All  moneys  received  by  the  city  treasurer,  sub- 
ject to  the  order  of  the  board,  specifying  the  sources 
from  which  it  accrued. 

5.  The  manner  in  which  all  money  has  been  ex- 
pended, specifying  the  amount  under  each  head  of  ex- 
penditures and  the  board  shall  at  least  one  weeh  before 
such  election,  cause  such  statement  to  be  published  in 
all  the  newspapers  of  the  city  which  will  publish  the 
same  gratuitously. 

Sec.  853.  CITY  COUNCIL  TO  PASS  CER- 
TAIN ORDINANCES. — The  city  council  shall  have 
the  power  and  it  shall  be  its  duty  to  pass  such  ordi- 
nances and  regulations  as  the  board  of  education  may 
recommend  as  necessary  for  the  protection,  preserva- 
tion, safe-keeping  and  care  of  the  school  houses,  lots, 
sites,  appurtenances,  libraries  and  all  necessary  proper- 
ty belonging  to  or  connected  with  the  schools  of  the 
city,  and  to  provide  proper  penalties  for  the  violation 
thereof ; and  all  penalties  shall  be  collected  in  the  same 
manner  that  the  penalties  for  violation  of  city  ordi- 
nances are  collected,  and  when  collected  shall  be  paid 
to  the  city  treasurer,  and  placed  to  the  credit  of  the 
board  of  education,  and  shall  be  subject  to  its  order 
as  herein  provided. 

Sec.  854.  FORFEIT  FOR  REFUSAL  TO 
SERVE  AS  MEMBER  OF  BOARD.— It  shall  be  the 
duty  of  the  clerk  of  such  board  immediately  after  the 
election  of  any  person  as  a member  thereof,  personally 
or  in  writing,  to  notify  him  of  his  election,  and  if  any 
person  shall  not  within  ten  days  after  receiving  such 
notice  of  election,  take  and  subscribe  the  oath  as  herein 
provided  and  file  the  same  with  the  city  auditor,  the 
board  may  consider  it  as  a refusal  to  serve,  and  fill  the 
vacancy  thus  occasioned,  and  the  person  so  refusing 
shall  forfeit  and  pay  to  the  city  treasurer  for  the  bene- 
fit of  the  schools  of  such  district  a penalty  of  fifty  dol- 
lars, which  may  be  recovered  in  the  name  of  such  city, 
by  a civil  action. 

Sec.  855.  NEW  DISTRICT  TO  ASSUME 
DEBTS  OF  OLD. — School  districts  created  under  the 
provisions  of  this  article  shall  assume  all  obligations 
and  liabilities  incurred  by  the  districts  out  of  which 
they  are  formed,  if  old  districts  are  not  divided,  and 
a proportionate  part,  if  divided. 

Article  19. — Boards  of  Education  in  Certain 
Cities. 

Sec.  856.  BOARDS  TO  BE  ELECTED  AT 
LARGE. — In  each  city  not  organized  under  the  gen- 


STATE  OF  NORTH  DAKOTA 


117 


eral  law  there  shall  be  a board  of  education  consist- 
ing of  seven  members  having  the  qualifications  of 
electors  who  shall  be  elected  at  large  by  the  electors 
of  such  city  qualified  to  vote  at  school  elections ; and, 
except  as  may  be  otherwise  provided  herein  for  the 
first  election,  two  members  of  such  board  shall  be 
elected  annually  and  three  triennially  at  a special  elec- 
tion to  be  held  on  the  first  Tuesday  after  the  first  Mon- 
day in  June;  provided,  that  the  provisions  of  this 
article  shall  not  apply  to  cities  existing  under  a special 
act  and  which  are  now  conducting  their  schools  under 
the  general  school  laws. 

Sec.  857.  TERM  OF  OFFICE. — The  term  of 
office  of  a member  of  the  board  of  education,  except 
as  in  this  article  otherwise  provided,  shall  be  three 
years  and  until  his  successor  is  elected  and  qualified. 

Sec.  858.  ELECTIONS,  HOW  CONDUCTED. 
— All  elections  under  the  provisions  of  this  article 
shall  be  called,  conducted  and  the  votes  canvassed  and 
returned  in  the  manner  provided  by  law  for  general 
city  elections. 

Sec.  859.  RELATIVES  NOT  ELIGIBLE  AS 
TEACHERS — -No  son,  wife  or  daughter  of  any 
member  of  the  school  board  shall  be  eligible  to  a posi- 
tion as  a teacher  in  schools  of  the  district  which  such 
member  represents  except  upon  the  consent  of  all  the 
members  of  such  board. 

Sec.  860.  INDEPENDENT  SCHOOL  ORGAN- 
IZATIONS UNDER  SPECIAL  LAWS  ABOL- 
ISHED.— Any  independent  district  organized  for 
school  purposes  under  a special  law,  which  does  not 
include  or  is  not  included  in  any  city  or  incorporated 
town  or  village  organized  for  municipal  purposes, 
shall  become  a part  of  the  school  district  in  which  it  is 
located  by  the  repeal  of  the  special  law  organizing 
or  governing  such  independent  district.  Any  inde- 
pendent district  organized  for  school  purposes  under 
a special  law  or  under  any  other  law  than  is 
contained  in  this  chapter,  which  includes  or  is  included 
in  any  city  or  incorporated  town  or  village  organized 
for  municipal  purposes,  shall  become  a special  district 
by  the  repeal  of  the  special  law  organizing  or  govern- 
ing such  independent  school  district.  Any  school 
district  or  special  district  so  constituted  or  constituted 
in  part  shall  be  governed  by  the  provisions  of  this  chap- 
ter; provided,  that  nothing  herein  shall  prevent  any 
sUch  independent  district  Trom  coming  under  the 


Office— term  of 


Elections — 
conduct  of. 


Relatives  ineli- 
gible as  teach- 
ers. 


Districts  under 
special  law 
abolished.  _ 


118 


GENERAL  SCHOOL  LAWS 


Officers  of  old 
district  hold 
over. 


Equalization 
of  debts  and 
assets. 


Free  text 
books. 


operation  of  this  chapter  in  the  manner  therein  pro- 
vided. 

Sec.  861.  OLD  SCHOOL  OFFICERS  HOLD 
OVER. — The  board  of  education  or  other  governing 
board  of  such  independent  district  shall  continue  to 
exercise  the  powers  and  duties  devolving  upon  it 
under  the  provisions  of  such  special  or  other  law  gov- 
erning such  independent  district,  the  same  as  though 
such  law  had  not  been  repealed,  until  the  second  Tues- 
day in  July  following  the  repeal  of  such  special  or 
other  law ; provided,  that  all  that  portion  of  the  general 
school  laws  which  provides  for  an  annual  school  elec- 
tion shall  apply  to  such  independent  district  and  shall 
be  in  full  force  and  effect  for  the  purpose  of  electing 
school  officers  at  such  annual  school  election ; and  such 
officers  shall  be  elected  in  and  for  the  whole  school  dis- 
trict, including  the  independent  district  or  portion  of 
such  independent  district  located  therein,  or  in  and  for 
the  special  district,  the  same  as  though  no  law  had  ever 
existed  providing  for  the  organization  of  such  inde- 
pendent district ; provided,  further,  that  in  a special 
district  formed  and  created  as  herein  provided,  a full 
board  of  education  shall  be  elected  as  provided  by  law 
for  first  elections,  but  in  school  districts  formed  and 
created  as  herein  provided  by  the  addition  of  such  in- 
dependent district  or  portion  thereof,  there  shall  be 
elected  only  such  officers  as  are  required  to  fill  the 
regular  vacancies  in  the  school  offices  of  such  school 
district  heretofore  organized. 

Sec.  862.  DEBTS  AND  ASSETS  DETER- 
MINED BY  ARBITRATION. — When  the  bounda- 
ries of  such  school  district  shall  have  been  arranged  as 
contemplated  in  this  article,  the  determination  and 
division  or  consolidation  of  all  debts,  property  and 
assets  of  the  several  portions  of  such  district  or  districts 
so  consolidated  shall  be  made  by  arbitration  as  pro- 
vided by  law.  (See  Sec.  73i>) 

Article  20. — Free  Text  Books. 

Sec.  863.  POWER  OF  BOARD  OF  EDUCA- 
TION.— The  board  of  trustees  or  board  of  education 
of  each  and  every  school  district  in  the  state  of  North 
Dakota  is  hereby  authorized  and  empowered  to  select 
adopt  and  contract  for  all  books  and  supplies  needful 
for  the  school  or  schools  under  its  charge;  and  the 
said  board  of  trustees  or  board  of  education  shall  have 
power  to  purchase  the  text  books  and  supplies  selected 
or  contracted  for,  and  provide  for  the  loan  free  of 


STATE  OF  NORTH  DAKOTA 


119 


charge  or  sale  at  cost  of  such  tepct  books  and  supplies 
to  the  pupils  in  attendance  at  such  school  or  schools; 
provided,  that  no  adoption  or  contract  shall  be  for  a 
period  of  less  than  three  years  nor  more  than  five 
years ; during  which  time  the  text  books  so  selected 
adopted  and  contracted  for  shall  not  be  changed ; pro- 
vided, further,  that  before  any  publisher  or  publishers 
shall  enter  or  attempt  to  enter  into  any  contract  for 
the  sale  of  text  books,  as  hereinbefore  provided,  they 
shall  file  with  the  superintendent  of  public  instruction  of 
the  state  of  North  Dakota  a list  of  their  books  and  the 
lowest  prices  at  or  for  which  they  will  sell  any  or  all 
of  such  books  to  any  board  of  trustees  or  board  of  edu- 
cation in  the  state  of  North  Dakota,  and  they,  the 
said  publishers,  shall  deposit  with  the  superintendent 
of  public  instruction  a sample  copy  of  each  book  so 
listed,  which  shall  represent  in  style  of  binding,  me- 
chanical execution,  general  make-up  and  matter  the 
book  or  books  they  offer  to  sell  to  the  board  of  trustees 
at  or  for  the  prices  so  listed  and  in  no  case  shall  prices 
be  raised  above  said  listed  prices  as  filed.  It  shall  be 
the  duty  of  the  superintendent  of  public  instruction  to 
furnish  a certified  copy  of  the  list  of  books  and  prices 
filed  in  accordance  with  the  provisions  of  this  section 
to  the  district  clerk  of  each  common  school  district 
in  the  state  of  North  Dakota. 

Sec.  864.  FREE  TEXT  BOOKS  PROVIDED, 
WHEN. — Whenever  in  the  judgment  of  the  board 
it  is  desirable  or  necessary  to  the  welfare  of  the  schools 
in  the  district  or  to  provide  for  the  children  therein 
better  school  privileges,  or  whenever  petitioned  so  to 
do  by  two-thirds  of  the  voters  in  the  district,  the  board 
shall  provide  free  text  books  and  supplies  for  all 
schools  under  its  charge,  in  such  manner  as  hereinbe- 
fore provided.  All  books  purchased  in  accordance 
with  the  provisions  of  this  article  shall  be  paid  for  out 
of  the  school  fund  of  the  respective  districts,  and  it 
shall  be  the  duty  of  the  school  districts  and  school 
boards  to  see  that  sufficient  funds  are  raised  and  set 
aside  for  the  purpose  of  this  article.  The  clerk  of  each 
district  shall  also  keep  a record  of  all  books  furnished 
to  the  schools  in  the  district. 

Article  21. — Purchase  of  Flags  for  School  Dis- 
tricts. 

Sec.  865.  UNITED  STATES  FLAG  TO  BE 
DISPLAYED. — The  school  board  of  any  city,  town 
or  district,  is  authorized  and  required  to  purchase  at 


No  change 
within  3 years 


Publishers  to 
file  price  lists. 


And  deposit 

sample— 

where. 


Free  books— 
when  pro- 
vided. 


United  States 
flag  to  be  disr 
played— when. 


•120 


GENERAL  SCHOOL  LAWS 


Failure—  pen- 
alty for. 


Educational 

library. 


Appropriation. 


High  school 
board— of 
whom  com- 
posed. 


State  high 
school — what 

is. 


Examination 
for  admission 
into. 


Conditions  up- 
on which  state 
aid  is  granted. 


the  expense  of  the  city,  town  or  district  one  or  more 
flags  of  the  United  States,  which  shall  be  displayed  in 
reasonable  weather,  upon  the  school  houses  or  flag- 
staffs  upon  the  school  grounds  during  the  school  hours 
of  each  day’s  session  of  school,  and  a failure  to  com- 
ply with  the  provisions  of  this  article  on  the  part  of  any 
board  of  education  or  district  school  board,  shall  be 
sufihcient  grounds-  for  removal  of  members  of  such 
board  from  office. 

Article  22. — State  Educational  Library. 

Sec.  8G6.  APPROPRIATION  FOR.— There  is 
hereby  appropriated  out  of  any  funds  in  the  state 
treasury  the  sum  of  three  hundred  dollars  annually,  to 
be  paid  by  warrant  of  the  state  auditor  on  the  treas- 
urer upon  the  presentation  of  an  itemized  bill  in  due 
form  by  the  superintendent  of  public  instruction,  for 
the  purchase  of  reference  or  pedagogical  books  for  the 
state  educational  library  in  the  office  ot  such  superin- 
tendent. 

Article  23. — High  School  Board. 

Sec.  867.  ^ HIGH  SCHOOL  BOARD— The  gov- 
ernor, superintendent  of  public  instruction  and  presi- 
dent of  the  state  university  are  hereby  constituted  a 
board  of  commissioners  on  preparatory  schools  for  the 
encouragement  of  higher  education  in  the  state.  Said 
board  shall  be  called  the  “High  School  Board,”  and 
shall  perform  the  duties  and  have  and  exercise  the 
powers  hereinafter  mentioned. 

Sec.  868.  STUDENTS  CLASSIFIED.— Any  pub- 
lic graded  school  in  any  city  or  incorporated  village 
or  township,  organized  into  a district,  under  the  town- 
ship or  district  system,  which  shall  give  instruction 
according  to  the  terms  and  provisions  of  this  article 
and  shall  admit  students  of  either  sex  from  any  part 
of  the  state  without  charge  for  tuition,  shall  be  entitled 
to  be  classified  as  a state  high  school  and  to  receive 
pecuniary  aid  as  hereinafter  specified ; provided,  how- 
ever, that  no  such  school  shall  be  required  to  admit 
non-resident  pupils  unless  they  pass  an  examination  in 
orthography,  reading  in  English,  penmanship,  arith- 
metic, granimar,  modern  geography  and  the  history 
of  the  United  States. 

Sec.  869.  REQUIREMENTS  FOR  CLASSIFI- 
CATION*— The  said  board  shall  require  of  the 
schools  applying  for  such  pecuniary  aid  as  prerequisite 
to  receiving  such  aid,  compliance  with  the  following 
conditions,  to-wit: 


STATE  OF  NORTH  DAKOTA 


121 


1.  That  there  be  regular  and  orderly  courses  of 
study,  embracing  all  the  branches  prescribed  by  the 
said  board  for  the  first  two  years  of  the  high  school 
course. 

2.  That  the  said  school  receiving  pecuniary  aid 
under  this  article  shall  at  all  times  permit  the  said 
board  of  commissioners,  or  any  of  them,  to  visit  and 
examine  the  classes  pursuing  the  said  preparatory 
courses. 

Sec.  870.  {Amended.)  SCHOOLS  VISITED 
ONCE  EACH  YEAR.  WHAT  SCHOOLS  TO 
RECEIVE  STATE  AID.  APPROPRIATION.— 

1.  The  high  school  board  shall  cause  each  school 
receiving  aid  under  this  act  to  be  visited,  at  least  once 
each  year  by  a committee  of  one  or  more  members, 
who  shall  carefully  inspect  the  instruction  and  disci- 
pline of  the  preparatory  classes  and  make  a written 
report  on  the  same  immediately ; provided,  that  no 
money  shall  be  paid  in  any  case  until  after  such  re- 
port shall  have  been  received  and  examined  by  the 
board  and  the  work  of  the  school  approved  by  the 
board. 

2.  The  said  board  shall  receive  applications  from 

such  schools  for  aid  as  hereinafter  provided,  which 
applications  shall  be  received  and  acted  upon  in  the 
order  of  their  reception.  The  said  board  shall  appor- 
tion to  each  of  said  schools,  which  shall  have  fully 
complied  with  the  provisions  of  this  act,  and  whose  ap- 
plication shall  have  been  approved  by  the  board,  the 
following  sums,  towit : Eight  hundred  dollars  each 

year  to  each  school  maintaining  a four  years’  high 
school  course  and  doing  four  years’  high  school  work  ; 
the  sum  of  six  hundred  dollars  each  year  to  each 
school  having  a three  years’  high  school  course  and 
doing  three  years’  high  school  work ; provided,  that  the 
moneys  so  apportioned  to  any  high  school  shall  be 
used  to  increase  the  efficiency  of  the  high  school  work ; 
provided,  further,  that  the  total  amount  of  apportion- 
ment and  expenses  under  this  act  shall  not  exceed 
twenty-five  thousand  dollars  in  one  year.  The  sum 
of  twenty-five  thousand  dollars  is  hereby  appropriated 
annuallv  for  the  purposes  of  this  act,  to  be  paid  out 
of  any  moneys  in  the  state  treasury,  not  otherwise 
appropriated ; which  amount,  or  so  much  thereof  as 
may  be  necessary,  shall  be  paid  upon  the  itemized 
vouchers  of  said  board,  duly  certified  and  filed  with 


Course  of 
study. 


Visitation. 


State  aid  to 

approved 

schools. 


Amount  of  aid 


Appropriation. 


122 


GENERAL  SCHOOL  LAWS 


Funds  pro 
rata  if  appro- 
priation insuf- 
ficient. 


Actual  ex- 
penses only, 
to  board. 


Appropriation 

limited. 


Discretion  of 
board. 


Three 

schools. 


Rules  and 
regulations. 


Assistant  ex- 
aminer. 


No  compensa- 
tion—to  whom. 


Records  and 
reports. 


the  state  auditor;  provided,  however,  that  in  case  the 
amount  appropriated  and  available  under  this  act  for 
the  payment  of  aid  to  such  schools  shall  in  any  year 
be  insufficient  to  apportion  each  of  such  schools  as 
are  entitled  thereto  the  full  amount  intended  to  be 
apportioned  to  the  high  schools  of  the  various  classes, 
then,  in  such  case,  such  amount  as  is  apportioned  and 
available  shall  be  apportioned  pro  rata  among  the 
schools  entitled  thereto. 

Sec.  871.  {Amended.)  NO  COMPENSATION. 
EXPENSES. — The  members  of  the  board  shall  serve 
without  compensation,  but  the  actual  and  necessary 
expenses  of  the  board,  any  clerical  officer  of  the  board, 
or  an  examiner,  shall  be  paid  in  the  same  manner  as 
those  of  state  officers ; provided,  that  the  total  expense 
including  the  apportionments  to  the  schools  aforesaid 
shall  not  exceed  twenty-five  thousand  dollars  in  any 
one  year. 

Sec.  872.  {Amended.)  DISCRETIONARY 
POWERS.  ASSISTANT  EXAMINER.— The  high 
school  board  shall  have  full  discretionary  power  to 
consider  and  act  upon  applications  of  schools  for  state 
aid,  and  to  prescribe  conditions  upon  which  said  aid 
shall  be  granted,  and  it  shall  be  its  duty  to  accept  and 
aid  such  schools  only  as  will,  in  its  opinion,  if  aided, 
efficiently  perform  the  service  contemplated  by  law; 
but  in  each  county  three  schools  complying  with  the 
prescribed  conditions  shall  have  a right  to  aid  from 
this  appropriation  before  aid  may  be  granted  to  a 
fourth  school  in  any  county.  Any  school  once  ac- 
cepted and  continuing  to  comply  with  the  law  and 
regulations  of  the  board  made  in  pursuance  thereof, 
shall  be  aided  not  less  than  three  years.  The  board 
shall  have  power  to  establish  any  necessary  and  suit- 
able rules  and  regulations  relating  to  examinations, 
reports,  acceptance  and  classification  of  schools, 
courses  of  study  and  other  proceedings  under  this 
article.  Any  assistant  examiner  appointed  by  the  high 
school  board,  as  authorized  by  law,  shall  be  entitled 
to  receive  such  compensation  as  the  board  may  allow, 
not  exceeding  three  dollars  ($3.00)  per  day;  provided, 
that  no  such  compensation  shall  be  paid  to  any  person 
receiving  a salary  from  the  state  or  from  any  state 
institution. 

Sec.  873.  SHALL  KEEP  RECORD— The  said 
board  shall  keep  a record  of  all  the  proceedings  and 
shall  make  on  or  before  the  first  day  of  December  in 


STATE  OF  NORTH  DAKOTA 


123 


each  year,  a report,  covering  the  previous  school 
year,  to  the  superintendent  of  public  instruction, 
showing  in  detail  all  receipts  and  disbursements,  the 
names  and  number  of  schools  receiving  aid,  the  num- 
ber of  pupils  attending  the  classes  in  each,  to  which 
report  they  may  add  such  recommendations  as  they 
may  deem  useful  and  proper. 

Article  24. — Health  and  Decency  in  Public 
Schools. 

Sec.  874.  DUTY  OF  BOARDS  OF  EDUCA- 
TION.— It  shall  be  the  duty  of  all  boards  of  education 
and  district  school  boards  in  this  state  to  provide  suit- 
able and  convenient  water  closets  or  privies  for  each  of 
the  schools  under  their  charge,  at  least  two  in  num- 
ber, which  shall  be  entirely  separate  each  from  the 
other,  and  having  separate  means  of  access ; and  it 
shall  be  the  duty  of  the  school  officers  aforesaid  to 
keep  the  same  in  a clean,  chaste  and  wholesome  con- 
dition ; and  a failure  to  comply  with  the  provisions  of 
this  article  on  the  part  of  any  board  of  education  or 
district  school  board,  shall  be  sufficient  grounds  for 
removal  from  office  and  for  withholding  from  any 
district  any  part  of  the  public  moneys  of  the  state. 
The  expense  incurred  by  the  officers  aforesaid  in  car- 
rying out  the  requirements  of  this  article  shall  be  a 
charge  upon  the  district,  when  such  expense  shall  have 
been  approved  by  the  county  superintendent  of  schools 
of  the  county  within  which  the  school  district  is  located 
and  a tax  may  be  levied  therefor  without  a vote  of 
the’  district. 

Article  25. — Municipal  Refunding  Bonds. 

{Chapter  ^4,  Laws  of  ipoj.) 

Section  -1.  WHAT  CORPORATION  MAY  IS- 
SUE.— Each  incorporated  town  or  village,  school  dis- 
trict or  township  in  this  state,  that  has  heretofore  is- 
sued, or  shall  hereafter  issue  bonds,  purporting  to  have 
been  issued  for  any  purpose  authorized  by  law,  which 
bonds  have  been  actually  sold  and  delivered  to  pur- 
chasers for  value,  so  that  the  same  constitute  a valid 
and  existing  indebtedness,  may  at  any  time  after  ma- 
turity or  before  maturity,  with  the  consent  of  the 
holder,  and  while  said  bonds  are  a valid  and  existing 
indebtedness  against  such  town  or  village,  school  dis- 
trict or  township,  refund  the  same  and  issue  and  nego- 
tiate new  bonds  for  the  amount  of  such  indebtedness 
or  any  part  thereof. 


Water  closets. 


Duties  of 
school  officers 
thereto. 


Expenses. 


School  districts 
may  refund 
bonds. 


124 


GENERAL  SCHOOL  LAWS 


Necessity  de- 
termined by 
school  board. 


School  boards 
may  issue. 


Proceeds  used 
only  for  purpose 
for  which 
issued. 


Treasurer  to 
keep  register. 


Sec.  2.  AUTHORITY  FOR  ISSUE.— The  neces- 
sity for  issuing  and  negotiating  bonds  under  the  pro- 
visions of  this  act  shall  be  determined  as  follows : 

In  case  of  incorporated  towns  or  villages,  by  the 
board  of  trustees. 

In  case  of  school  districts,  by  the  board  of  school 
directors. 

In  case  of  townships,  by  the  board  of  supervisors. 

Sec.  3.  BONDS.  HOW  ISSUED.— When  in  the 
judgment  of  the  board  of  any  of  the  municipal  cor- 
porations herein  enumerated,  it  shall  be  deemed  to  be  to 
the  best  interests  of  such  municipal  corporations  to  is- 
sue its  negotiable  bonds  in  the  name  of  such  corpora- 
tion for  the  purpose  of  refunding  or  paying  the  out- 
standing bonded  indebtedness  of  such  corporation,  as 
enumerated  in  section  1 of  this  act,  refunding  bonds 
may  be  issued  by  resolutions  duly  and  legally  passed 
at  a regular  or  special  meeting  of  such  board.  Such 
bonds  may  be  signed  the  same  as  the  bonds  refunded 
or  by  such  officers  of  the  municipal  corporation  issu- 
ing the  same  as  may  be  designated  in  the  resolutions 
providing  for  their  issuance.  Such  bonds  shall  be 
made  payable  in  not  less  than  five  and  not  more  than 
twenty  years  from  the  date  of  their  issue,  and  shall 
not  draw  a higher  rate  of  interest  than  the  bonds  re- 
funded. Such  bonds  shall  be  in  such  denominations 
as  shall  be  designated  in  the  resolutions  authorizing 
their  issuance,  shall  bear  the  date  of  their  issue  and 
date  of  maturity  and  shall  recite  on  their  face  that  they 
are  issued  under  and  by  authority  of  this  act,  and  shall 
be  payable  to  the  purchaser  or  bearer,  and  shall  have 
interest  coupons  attached  to  each  bond  representing 
each  interest  payment. 

Sec.  4.  BONDS  MAY  BE  EXCHANGED  OR 
SOLD. — Said  bonds  may  be  exchanged  at  par  for  an 
equal  amount  of  the  old  bonds  of  said  municipal  cor- 
poration with  the  holder  of  said  indebtedness,  or  may 
be  sold  by  the  board  at  not  less  than  their  par  value 
and  the  proceeds  applied  solely  to  the  payment  of  the 
indebtedness  for  which  they  are  issued. 

Sec.  5.  BONDS  TO  BE  REGISTERED  BY 
THE  TREASURER. — A record  of  each  and  every 
bond  issued  under  this  act  shall  be  kept  by  the  treas- 
urer of  the  municipal  corporation  issuing  the  same, 
showing  the  number  of  each  bond,  its  date,  amount, 
rate  of  interest,  date  due,  where  payable  and  to  whom 
sold. 


STATE  OF  NORTH  DAKOTA 


125 


Se.c.  6.  TAX  TO  BE  LEVIED. — The  resolutions 
authorizing  the  issuance  of  such  bonas  shall  provide 
for  the  levy  and  collection  of  an  annual  tax  sufficient 
to  pay  the  interest  and  principal  of  such  bonds,  as 
provided  by  section  184  of  the  constitution,  and  the 
fund  arising  from  such  tax  levy  shall  be  kept  by  the 
treasurer  of  such  corporation  in  a special  fund  to  be 
used  solely  for  the  payment  of  the  interest  and  prin- 
cipal of  such  bonds. 

Sec.  7.  LIMIT  OF  ISSUE. — No  more  of  such 
bonds  shall  be  issued  than  are  necessary  for  the  pur- 
pose of  paying  the  outstanding  bonds  of  the  municipal 
corporation  issuing  the  same,  as  stated  in  section  1 
of  this  act,  after  applying  the  cash  in  the  treasury 
available  for  the  payment  of  the  said  maturing  bonds, 
•and  no  bonds  issued  under  authority  of  this  act  shall 
be  issued  or  negotiated  for  less  than  their  par  value. 

Sec.  8.  BONDS  NEGOTIABLE,  WHEN.— 
Bonds  issued  in  substantial  conformity  with  the  pro- 
visions of  this  act,  shall  in  the  law  be  deemed  negotia- 
ble. 

CHAPTER  10. 


EDUCATIONAL  AND  CHARITABLE  INSTI- 
TUTIONS. 

Article  1. — University  of  North  Dakota. 

Sec.  875.— UNIVERSITY,  WHERE  LOCATED. 
— The  university  of  North  Dakota  as  now  established 
and  located  at  the  city  of  Grand  Forks  shall  continue 
to  be  the  university  of  the  state.  {See  Constitutiofiy 
Sec.  sub.  a) 

Sec.  87G.  {Amended.)  BOARD  OF  TRUSTEES 
TO  GOVERN. — The  government  of  such  university 
shall  be  vested  in  a board  of  trustees  consisting  of  five 
members,  of  which  the  Hon.  William  Budge,  for  and 
during  his  good  pleasure,  as  an  honorary  'member 
with  all  rights  and  powers  of  a member  of  said  board, 
shall  be  one  of  said  board ; the  remaining  members 
thereof  to  be  appointed  by  the  governor,  by  and  with 
the  advice  and  consent  of  the  senate,  and  shall  hold 
their  offices  for  the  term  of  four  years  commencing  on 
the  first  Tuesday  in  April  next  succeeding  their 
appointment. 


Sinking  fund. 


Issue  limited. 


Negotiable. 


University 
established  at 
Grand  Forks. 


Governed  by 
board  of  trus- 
tees. 


Wra.  Budge 
life  member. 


Term. 


126 


GENERAL  SCHOOL  LAWS 


Trustees  ap- 
pointed by 
Governor. 


Vacancies — 
bow  filled. 


Trustees  from 
same  county. 


Powers  of 
board. 


Officers  and 
records. 


Secretary  to 
be  superinten- 
dent of  build- 
ings and 
grounds. 


Meetings. 


Quorum. 


Limitation  on 
meetings. 


Sec.  877.  GOVERNOR  TO  NOMINATE.  VA- 
CANCIES, HOW  FILLED.— The  governor  shall 
nominate  and,  by  and  with  the  advice  and  consent 
of  the  senate,  appoint  during  each  regular  session  of 
the  legislative  assembly  trustees  of  such  university 
in  the  place  of  those  whose  terms  shall  thereafter 
first  expire,  and  such  trustees  shall  hold  their  office 
until  their  successors  are  appointed  and  qualified ; pro- 
vided, that  the  governor  shall  fill  any  vacancy  in  such 
board  by  appointment  to  extend  only  until  the  first 
Tuesday  in  April  succeeding  the  next  regular  session  of 
the  legislative  assembly;  and  provided,  further  that 
the  governor  shall  during  the  next  regular  session 
nominate  and,  by  and  with  the  advice  and  consent  of 
the  senate,  appoint  some  person  to  fill  such  vacancy 
for  the  remainder  of  the  term  unexpired.  Not  more 
than  two  members  of  the  board  shall  be  appointed* 
from  the  same  county. 

Sec.  878.  POWERS  AND  DUTIES  OF  BOARD. 
— -The  board  of  trustees  shall  possess  all  the  powers 
necessary  to  accomplish  the  objects  and  perform  the 
duties  prescribed  by  law,  and  shall  have  the  custody  of 
the  books,  records,  buildings  and  all  other  property  of 
such  university.  The  board  shall  elect  a president 
and  a secretary  who  shall  perform  such  duties  as  may 
be  prescribed  by  the  by-laws  of  the  board.  The 
secretary  shall  keep  a correct  record  of  all  transac- 
tions of  the  board,  and  the  committees  thereof,  and 
in  addition  to  performing  the  duties  of  secretary,  he 
shall  be  the  superintendent  of  the  buildings  and 
grounds  of  the  university  and  discharge  such  other 
duties  as  may  from  time  to  time  be  prescribed  by  the 
board  of  trustees.  (S^ee  Sec.  88 1.) 

Sec.  879.  MEETINGS  OF  THE  BOARD.— The 
time  for  the  election  of  the  president  and  secretary  of 
such  board  and  the  duration  of  their  respective  terms 
of  office,  the  time  for  holding  tbe  regular  annual  meet- 
ing, and  such  other  meetings  as  may  be  required,  and 
the  manner  of  giving  notice  of  the  same  shall  be  de- 
termined by  the  board.  Four  members  shall  constitute 
a quorum  for  the  transaction  of  business,  but  a less 
number  may  adjourn  from  time  to  time. 

Sec.  880.  NUMBER  OF  MEETINGS  LIMITED. 
— Such  board  shall  not  hold  more  than  twelve  sessions 
in  any  year  and  such  sessions  shall  not  exceed  twenty- 
four  days  in  the  aggregate ; but  the  governor  may  in 
his  discretion  authorize  additional  sessions. 


STATE  OF  NORTH  DAKOTA 


127 


Sec.  881.  GOVERNMENT  OE  UNIVERSITY. 
POWERS  OE  TRUSTEES.— The  board  of  trustees 
shall  adopt  rules  for  the  government  of  the  university 
in  all  its  branches ; elect  a president  and  the  requisite 
number  of  professors,  instructors,  officers  and  em- 
ployes, fix  the  salaries  and  the  term  of  office  of  each,  and 
determine  the  moral  and  educational  qualifications  of 
applicants  for  admission  to  the  various  courses  of  in- 
struction ; but  no  instruction,  either  sectarian  in  reli- 
gion or  partisan  in  politics  shall  ever  be  allowed  in  any 
department  of  the  university,  and  no  sectarian  or  parti- 
san test  shall  ever  be  allowed  or  exercised  in  the  ap- 
pointment of  trustees,  or  in  the  election  of  professors, 
teachers  or  other  officers  of  the  university,  or  in  the 
admission  of  students  thereto  or  for  any  purpose  what- 
ever. Such  board  shall  have  power  to  remove  the 
president,  or  any  professor,  instructor  or  officer  of  the 
university  when  in  its  judgment  the  interests  of  the 
university  require  it.  The  board  may  prescribe  rules 
and  regulations  for  the  management  of  the  library, 
cabinets,  museum,  laboratories  and  all  other  prop- 
erty of  the  university  and  of  its  several  departments, 
and  for  the  care  and  preservation  thereof,  with  suit- 
able penalties  and  forfeitures  by  way  of  damages  for 
their  violation,  which  may  be  sued  for  and  collected 
in  the  name  of  the  board  before  any  court  having 
jurisdiction. 

Sec.  882.^  BOARD  MAY  EXPEND  INCOME.— 
The  board  is  authorized  to  expend  such  portion  of  the 
income  of  the  university  fund  as  it  may  deem  expedient 
for  the  erection  of  suitable  buildings  and  the  purchase 
of  apparatus,  a library,  cabinets  and  additions  thereto  ; 
and  if  deemed  expedient,  it  may  unite  with  the  univer- 
sity as  a branch  thereof  any  college  in  the  state,  upon 
application  of  its  board  of  trustees;  and  such  college 
so  received  shall  become  a branch  of  the  university, 
and  be  subject  to  visitation  by  the  trustees. 

Sec.  883.  BOARD  TO  MAKE  REPORT,  WHEN. 
— At  the  close  of  each  fiscal  year  the  trustees  through 
their  president  shall  make  a report  in  detail  to  the  gov- 
ernor, exhibiting  the  progress,  condition  and  wants 
of  each  of  the  colleges  embraced  in  the  university,  the 
course  of  study  in  each,  the  number  of  professors  and 
students  the  amount  of  receipts  and  disbursements, 
together  with  the  nature,  cost  and  results  of  all  impor- 
tant investigations  and  experiments  and  such  other  in- 
formation as  they  may  deem  important,  one  copy  of 
which  shall  be  transmitted  free  by  the  governor  to  each 


Trustees  elect 
faculty. 


Instruction  to 
be  non-sectar- 
ian and  no., 
partisan. 


Removal  of 
professors. 


Rules  and 
regulations 
for  manage- 
ment of  prop- 
erty. 


Erection  of 
buildings. 


Purchase  of 
apparatus. 


Unite  other 
colleges. 


Board  to  re- 
port to  gover- 
nor—what  and 
when. 


128 


GENERAL  SCHOOL  LAWS 


Distribution 
of  reports. 


President  of 

university- 

powers. 


Faculties— 

powers. 


Object  of  uni- 
versity. 


Departments  ; 
Arts. 

T.citers. 

Normal. 


IMines. 


Military. 


college  endowed  under  the  provisions  of  the  act  of 
congress  entitled  “An  act  donating  land  to  the  several 
states  and  territories  which  provide  colleges  for  the 
benefit  of  agriculture  and  mechanic  arts/’  approved 
July  2,  1862,  and  also  one  copy  to  the  secretary  of  the 
interior.  (See  See.  poj.) 

Sec.  884.  POWERS  OF  THE  PRESIDENT 
AND  FACULTY. — The  president  of  the  university 
shall  be  president  of  the  several  faculties  and  the  execu- 
tive head  of  the  instructional  force  in  all  its  depart- 
ments ; as  such,  he  shall  have  authority,  subject  to  the 
power  of  the  board  of  trustees  to  give  general  direc- 
tions respecting  the  instruction  and  scientific  investiga- 
tion of  the  several  colleges,  and  so  long  as  the  interests 
of  the  institution  require  it  he  shall  be  charged  with 
the  duties  of  one  of  the  professorships.  The  imme- 
diate government  of  the  several  colleges  shall  be  in- 
trusted to  their  respective  faculties,  but  the  trustees 
shall  have  the  power  to  regulate  the  course  of  instruction 
and  prescribe  the  books  or  works  to  be  used  in  the  sev- 
eral courses,  and  also  to  confer  such  degrees  and  grant 
such  diplomas  as  are  usual  in  universities,  or  as  they 
shall  deem  appropriate,  and  to  confer  upon  the  faculty, 
by  by-laws  the  power  to  suspend  or  expel  students  for 
misconduct  or  other  causes  prescribed  in  such  by-laws. 

Sec.  885.  OBJECT  AND  DEPARTMENTS  OF 
THE  UNIVERSITY. — The  objects  of  the  university 
shall  be  to  provide  the  means  of  acquiring  a thorough 
knowledge  of  the  various  branches  of  learning  con- 
nected with  scientific,  industrial  and  professional  pur- 
suits, in  the  instruction  and  training  of  persons  in  the 
theory  and  art  of  teaching,  and  also  instruction  in  the 
fundamental  laws  of  this  state  and  of  the  United  States 
in  regard  to  the  rights  and  duties  of  citizens,  and  to 
this  end  it  shall  consist  of  the  following  branches  or 
departments : 

1.  The  college  or  department  of  arts. 

2.  The  college  or  department  of  letters. 

3.  The  normal  college  or  department. 

4.  The  school  of  mines,  the  object  of  which  shall  be 
to  furnish  facilities  for  the  education  of  such  persons 
as  may  desire  to  receive  instruction  in  chemistry,  metal- 
lurgy, mineralogy,  geology,  mining,  milling  and  en- 
gineering. 

5.  The  military  department  or  school  the  object  of 
which  shall  be  to  instruct  and  train  students  in  the 
manual  of  arms  and  such  military  maneuvres  and  tac- 
tics as  are  taught  in  military  colleges. 


STATE  OF  NORTH  DAKOTA 


129 


G.  Such  professional  or  other  colleges  or  depart- 
ments as  now  are  or  may  from  time  to  time  be  added 
thereto  or  connected  therewith,  and  the  board  of  trus- 
tees is  hereby  authorized  to  establish  such  professional 
and  other  colleges  or  departments  as  in  its  judgment 
may  be  deemed  necessary  and  proper;  but  no  money 
shall  be  expended  by  the  board  in  establishing  and  or- 
ganizing any  of  the  additional  colleges  or  departments 
provided  for  in  this  section,  until  an  appropriation 
therefor  shall  have  first  been  made. 

Sec.  886.  COURSES  OF  INSTRUCTION.— The 
college  or  department  of  arts  shall  embrace  courses 
of  instruction  in  mathematical,  physical  and  natural 
sciences,  with  their  application  to  industrial  arts  such 
as  agriculture,  mechanics,  engineering,  mining,  and 
metallurgy,  manufactures,  architecture  and  commerce 
and  such  branches  included  in  the  college  of  letters 
as  shall  be  necessary  properly  to  fit  the  pupils  in  the 
scientific  and  practical  courses  for  their  chosen  pur- 
suits, and  in  military  tactics.  In  the  normal  depart- 
ment the  proper  instruction  and  learning  in  the^  theory 
and  art  of  teaching  and  in  all  the  various  branches  and 
subjects  needful  to  qualify  for  teaching  in  the  com- 
mon schools ; and  as  soon  as  the  income  of  the  univei»- 
sity  will  allow,  in  such  order  as  the  wants  of  the  public 
shall  seem  to  require,  the  courses  of  sciences  and  their 
application  to  the  practical  arts  shall  be  expanded  into 
distinct  colleges  of  the  university,  each  with  its  own 
faculty  and  appropriate  title.  The  college  of  letters 
shall  be  co-existent  with  the  college  of  arts  and  shall 
embrace  a liberal  course  of  instruction  in  languages, 
literature  and  philosophy,  together  with  such  courses 
or  parts  of  courses  in  the  college  of  arts  as  the  trus- 
tees shall  prescribe. 

Sec.  887.  SCANDINAVIAN  LANGUAGE 
TAUGHT. — It  shall  be  the  duty  of  the  trustees  to 
cause  to  be  taught  at  said  institution  the  Scandinavian 
language,  and  for  that  purpose  shall  employ  as  one  of 
the  teachers  of  such  institution  a professor  learned  in 
that  language. 

Sec.  888.  PUPILS,  WHO  MAV  BECOME.— 
The  university  shall  be  open  to  students  of  both  sexes 
under  such  regulations  and  restrictions  as  the  board 
or  trustees  may  deem  proper,  and  all  able  bodied  male 
students  of  the  university  may  receive  instruction  and 
discipline  in  military  tactics,  the  requisite  arms  for 
which  shall  be  furnished  by  the  state. 


Professional 

departments. 


Courses  of 
instruction— 
What  to  em- 
brace. 


Scandinavian 

language. 


Open  to  both 
sexes. 


School  Laws— 9 


130 


GENERAL  SCHOOL  LAWS 


Diploma  to  be 
indorsed  by 
state  superin- 
tendent— 
when;  effect 
of  such  in- 
dorsement. 


Revocation. 


Tuition— who 
to  pay  and 
for  what. 


Trustees — 

compensation 

of. 


Trustees  to 
prescribe  rules 
of  government 


Examinations 
for  admission. 


Sec.  889.  GRADUATES  ENTITLED  TO  CER- 
TIFICATES TO  TEACH.— After  any  person  has 
graduated  at  the  university,  and  after  such  graduation 
has  successfully  taught  a public  school  in  this  state  for 
sixteen  months,  the  superintendent  of  public  instruction 
shall  have  authority  and  it  shall  be  his  duty  to  counter- 
sign the  diploma  of  such  teacher  if  upon  examination 
he  is  satisfied  that  such  person  has  a good  moral  char- 
acter and  is  possessed  of  sufficient  learning  and  ability 
to  teach.  Any  person  holding  a diploma  granted  by 
the  board  of  trustees  of  such  university,  certifying  that 
the  person  holding  the  same  has  graduated  from  such 
university,  shall  after  his  diploma  has  been  counter- 
signed by  the  superintendent  of  public  instruction  as 
aforesaid,  be  deemed  qualified  to  teach  any  of  the  pub- 
lic schools  in  the  state,  and  such  diploma  shall  be  a 
certificate  of  such  qualification  until  annulled  by  the 
superintendent  of  public  instruction. 

Sec.  890.  TUITION  FEES. — No  student  who 
shall  have  been  a resident  of  the  state  for  one  year  next 
preceding  his  admission  shall  be  required  to  pay  any 
fees  for  tuition  in  the  university,  except  m the  law  de- 
partment end  for  extra  studies.  The  trustees  may  pre- 
scribe rates  of  tuition  for  any  pupil  in  the  law  depart- 
ment, or  who  is  not  a resident  as  aforesaid,  and  for 
teaching  extra  studies. 

Sec.  891.  COMPENSATION  OF  TRUSTEES.-^ 
The  trustees  shall  be  entitled  to  receive  the  sum  of 
three  dollars  per  day  for  each  day  employed  in  attend- 
ance upon  sessions  of  the  board  and  all  traveling  ex- 
penses necessarily  incurred  thereby.  Upon  the  pre- 
sentation of  the  proper  vouchers  containing  an  itemized  * 
statement  of  the  number  of  days  attendance  and  money 
actually  expended  as  above  specified,  duly  verified  by 
the  oath  of  the  trustee  and  certified  by  the  president 
and  secretary  of  the  board,  the  state  auditor  shall  audit 
such  claim  and  draw  his  warrant  upon  the  state  treas- 
urer for  the  amount  allowed. 

Sec.  892.  TRUSTEES  TO  MAKE  RULES  AND 
BY-LAWS. — The  board  of  trustees  shall  make  rules, 
regulations  and  by-laws  for  the  government  and  man- 
agement of  the  university  and  of  each  department 
thereof.  It  shall  also  prescribe  rules,  regulations  and 
by-laws  for  the  admission  of  students ; but  each  appli- 
cant for  admission  must  undergo  an  examination  to  be 
prescribed  by  the  board,  and  shall  be  rejected  if  it  shall 
appear  that  he  is  not  of  good  moral  character.  The 
board  shall  also  require  each  applicant  for  admission 


STATE  OF  NORTH  DAKOTA 


131 


in  the  normal  department,  other  than  such  as,  shall, 
prior  to  admission,  sign  and  file  with  such  board  a 
declaration  of  intention  to  follow  the  business  of  teach- 
ing in  the  common  schools  of  this  state  for  at  least  one 
year,  to  pay  such  fees  for  tuition  as  the  board  may 
deem  proper  and  reasonable. 

Sec.  893.  SALARIES. — The  board  of  trustees  shall 
from  time  to  time  fix  the  salary  of  the  president,  pro- 
fessors and  teachers  of  such  university,  and  shall  certify 
the  same  to  the  state  auditor.  Such  board  shall  also 
from  time  to  time  certify  to  the  state  auditor  the 
amount  due  such  persons  for  salary,  and  the  state 
auditor  shall  draw  his  warrants  upon  the  state  treasurer 
for  the  amounts  so  certified. 

Sec.  894.  SECRETARY  OF  STATE  TO  FUR- 
NISH LAWS. — The  secretary  of  state  shall  deliver 
to  the  university  fifty  copies  of  each  volume  of  the 
general  and  special  laws  of  the  state,  and  th,e  reports 
of  the  decisions  of  the  supreme  court,  hereafter  pub- 
lished, for  use  in  the  way  of  exchanges  and  otherwise 
in  the  establishment  and  maintenance  of  a law  library 
for  the  law  department  of  such  university. 

Sec.  895.  SUPREME  COURT  REPORTS, 
HOW  OBTAINED. — He  shall  procure  for  the  pur# 
pose  aforesaid  from  the  publishers  of  the  supreme 
court  reports  fifty  copies  of  each  volume  thereof  here- 
after published,  in  addition  to  the  number  authorized 
for  other  purposes,  to  be  paid  for  at  the  same  price  and 
and  in  the  same  manner  as  such  reports  are  delivered 
to  the  secretary  for  other  purposes. 

Sec.  896.  LOAN  OF  MUSKETS  AUTHOR- 
IZED.— The  adjutant  general  or  whoever  may  be  in 
charge  of  the  state  arms  shall,  under  the  direction  of 
the  governor,  loan  to  the  board  of  trustees  of  such 
university  one  hundred  muskets  and  accoutrements  or 
as  many  as  can  be  spared,  not  exceeding  that  number, 
the  same  to  be  used  for  drill  purposes,  by  the  students 
of  such  university. 

Sec.  897.  MUSKETS  WHEN  RETURNED.— 
In  case  such  arms  and  accoutrements  are  needed  by 
the  state  at  any  time,  the  governor  or  adjutant  general 
under  his  instructions  may  call  in  the  same  and  the 
trustees  of  such  university  shall  immediately  turn  the 
same  over  to  such  officer  in  good  condition. 

Sec.  898.  GEOLOGICAL  SURVEY.  DUTY 
OF  TRUSTEES. — It  shall  be  the  duty  of  the  board  of 
trustees  of  the  university  to  cause  to  be  begun 


Normal  stu- 
dents to  file 
declaration  of 
Intention  to 
teach. 


Salaries  of 
teaching  force 
— trustees  to 
fix  and  certify. 


Official  publi- 
cations to  be 
furnished. 


Reports  of 
supreme  court. 


Loan  of  mus- 
kets, etc. 


Same  to  be  re- 
turned when 
needed  by  the 
state. 


Geological  and 
natural  history 
survey. 


132 


GENERAL  SCHOOL  LAWS 


Extent  of 
such  survey. 


Analysis  of 
minerals. 


Weather  re- 
ports. 


Official  map  . 


Museum  to  be 
njiaintained. 


Geological  map 


as  soon  as  may  be  practicable,  and  to  carry  on  a thor- 
ough geological  and  natural  history  survey  of  the  state. 

Sec.  899.  EXTENT  OF  THE  SURVEY.— The 
geological  survey  shall  be  carried  on  with  a view  to  a 
complete  account  of  the  mineral  kingdom,  as  repre- 
sented in  the  state,  including  the  number,  order,  dip 
and  magnitude  of  the  several  geological  strata,  their 
richness  in  ores,  coals,  clays,  peats,  salines  and  min- 
eral waters,  marls,  cements,  building  stones  and  other 
useful  materials,  the  value  of  said  substances  for  eco- 
nomical purposes,  and  their  accessibility ; also  an  accur- 
ate chemical  analysis  of  the  various  rocks,  soils,  ores, 
clays,  peats,  marls  and  other  mineral  substances  of 
which  a complete  and  exact  record  shall  be  made. 

Sec.  900.  METEOROLOGICAL  STATISTICS 
TABULATED;. — The  board  of  trustees  shall  also 
cause  to  be  collected  and  tabulated  such  meteorological 
statistics  as  may  be  needed  to  account  for  the  varieties 
of  climate  in  the  various  parts  of  the  state;  also  to 
cause  to  be  ascertained  by  barometrical  observations 
or  other  appropriate  means,  the  relative  elevations  and 
depressions  of  the  different  parts  of  the  state ; and  also 
on  or  before  the  completion  of  such  surveys  to  cause 
to  be  compiled  from  such  actual  surveys  and  measure- 
ments as  may  be  necessary  an  accurate  map  of  the 
state ; which  map  when  approved  by  the  governor,  shall 
be  ‘the  official  map  of  the  state. 

Sec.  901.  SPECIMENS  COLLECTED.— It  shall 
be  the  duty  of  said  board  to  cause  proper  specimens, 
skillfully  prepared,  secured  and  labeled  of  all  rocks, 
soils,  ores,  coals,  fossils,  cements,  building  stones, 
plants,  woods,  skins  and  skeletons  of  animals,  birds, 
insects  and  fishes,  and  other  mineral,  vegetable  and 
animal  substances  and  organisms  discovered  or  exam- 
ined in  the  course  of  said  surveys,  to  be  preserved  for 
public  inspection  free  of  cost,  in  the  university  of  North 
Dakota,  in  rooms  convenient  of  access  and  properly 
warmed,  lighted,  ventilated  and  furnished,  and  in  the 
charge  of  a proper  scientific  curator;  and  they  shall, 
also,  whenever  the  same  may  be  practicable,  cause  du- 
plicates in  reasonable  numbers  and  quantities  of  the 
above  named  specimens,  to  be  collected  and  preserved 
for  the  purpose  of  exchange  with  other  state  universi- 
ties and  scientific  institutions,  of  which  latter  the  Smith- 
sonian institution  at  Washington  shall  have  the  prefer- 
ence. 

Sec.  902.  MAP  OF  THE  STATE.— The  board 
shall  cause  a geological  map  of  the  state  to  be  made  as 


STATE  OF  NORTH  DAKOTA 


133 


soon  as  may  be  practicable,  upon  which  by  colors  and 
other  appropriate  means  and  devices  the  various  geo- 
logical formations  shall  be  represented. 

Sec.  903.  ANNUAL  REPORT  OF  TRUSTEES. 
— It  shall  be  the  duty  of  the  board,  through  its  presi- 
dent, to  make  on  or  before  the  second  Tuesday  in 
December  of  each  year,  a report  showing  the  progress 
of  said  surveys,  accompanied  by  such  maps,  drawings 
and  specifications  as  may  be  necessary  and  proper  to 
exemplifj^  the  same  to  the  governor,  who  shall  lay  the 
same  before  the  legislative  assembly,  and  the  board  up- 
on the  completion  of  any  separate  portion  of  any  of  the 
said  surveys  shall  cause  to  be  prepared  a memoir  or 
final  report  which  shall  embody  in  a convenient  man- 
ner all  useful  and  important  information  accumulated 
in  the  course  of  the  investigation  of  the  particular  de- 
partment or  portion ; which  report  or  memoir  shall  like- 
wise be  communicated  through  the  governor  to  the  leg- 
islative assembly. 

Sec.  904.  STATE  GEOLOGIST. — The  professor 
of  geology  in  the  university  shall  be  ex-officio  state 
geologist. 

Sec.  904a.  APPROPRIATION  FOR  EXPENSES. 
GEOLOGICAL  SURVEY.— There  is  hereby  ap- 
propriated out  of  any  funds  in  the  state  treasury, 
not  otherwise  appropriated,  the  sum  of  one  thousand 
dollars  annually,  to  meet  the  necessary  expenses  con- 
nected with  the  geological  survey  of  the  state,  as  pro- 
vided for  in  sections  898  and  899  of  chapter  10,  ar- 
ticle 1,  of  the  revised  codes  of  1899. 

Sec.  904b.  ANNUAL  APPROPRIATION  FOR 
MAINTENANCE. — For  the  year  1899  and  for  each 
year  thereafter,  there  is  hereby  appropriated  out  of 
any  moneys  in  the  state  treasury,  not  otherwise  ap- 
propriated, the  sum  of  two-fifths  of  a mill  upon  the 
dollar  of  the  assessed  valuation  of  the  property  assess- 
ment of  the  state  of  North  Dakota,  as  fixed  by  the 
state  board  of  equalization  for  the  preceding  year,  the 
same  to  be  paid  monthly  to  the  board  of  trustees  of 
the  university  of  North  Dakota  upon  the  voucher  of 
said  board,  signed  by  its  president. 

Article  2. — Normal  Schools. 

Sec.  905.  NORMAL  SCHOOLS  LOCATED.— 
The  normal  school  as  established  and  located  at  the 
city  of  Mayville  in  the  county  of  Traill,  and  the  normal 
school  as  established  and  located  at  the  city  of  Valley 


Annual  report 
as  to  surveys. 


Governor’s 
duty  with  ref- 
erence thereto. 


State  geologist 
—who. 


Geological  sur- 
vey-appro- 
priation for. 


Maintenance 
Appropriation- 
state  univer- 
sity. 


Normal 
schools— 
where  located 


134 


GENERAL  SCHOOL  LAWS 


How  main- 
tained. 


To  be  man- 
aged by  trus- 
tees. 


Boards— of 
how  many 
composed. 


Ex-officio 

members. 


Trustees  ap- 
pointed by 
governor,  for 
four  years. 


Qualifications. 


Organization 
of  board. 


City  in  the  county  of  Barnes,  shall  continue  to  be  the 
normal  schools  of  the  state.  {See  Const.  Sec.  21^,  sub. 
4 and  7.) 

Sec.  906.  ENDOWMENT  AND  MAINTE- 
NANCE.— All  proceeds  accumulating  in  the  interest 
and  income  fund  arising  from  the  sale  or  rental  of  the 
lands  granted  or  hereafter  to  be  granted  by  the  state 
of  North  Dakota  for  such  normal  schools,  are  hereby 
pledged  for  the  establishment  and  maintenance  of  such 
schools. 

Sec.  907.  MANAGEMENT  OE. — The  govern- 
ment and  management  of  such  schools  are  vested  in  a 
board  of  trustees  to  be  known  as  the  board  of  trustees 
of  the  state  normal  schools,  and  in  a board  of  manage- 
ment for  each  school  to  be  known  as  the  board  of  man- 
agement of  the  normal  school  at  Mayville,  and  the 
board  of  management  of  the  normal  school  at  Valley 
City  respectively. 

Sec.  908.  BOARDS,  HOW  CONSTITUTED.— 
The  board  of  management  for  each  normal  school  shall 
consist  of  five  members.  The  board  of  trustees  of  such 
normal  school  shall  consist  of  twelve  members,  ten 
of  whom  shall  be  members  of  the  respective  board  of 
management  as  herein  provided.  The  governor  and 
superintendent  of  public  instruction  shall  be  ex-officio 
members  of  such  board  of  trustees  and  the  superintend- 
ent of  public  instruction  shall  act  as  president  of  such 
board. 

Sec.  909.  TERMS  OE  TRUSTEES.— The  gov- 
ernor shall  by  and  with  the  advice  and  consent  of  the 
senate  appoint  during  each  biennial  session  of  the  legis- 
lative assembly,  five  members  of  such  board  of  trustees 
who  shall  hold  their  office  for  four  years  commencing 
on  the  second  Tuesday  in  April  following  such  appoint- 
ment. The  governor  shall  fill  all  vacancies  therein  by 
appointment  for  unexpired  terms.  At  the  first  meet- 
ing of  the  board  of  management  of  each  normal  school 
the  members  thereof  shall  take  and  subscribe  the  oath 
of  office  required  of  all  civil  officers  and  shall  proceed 
to  elect  a president  who  shall  reside  in  the  vicinity  of 
such  normal  school,  and  the  principal  of  the  school 
shall  be  the  secretary  of  the  board  but  shall  have  no 
vote.  In  the  absence  of  the  principal  the  board  may  se- 
lect one  of  its  members  to  act  as  secretary.  A majority 
of  the  members  of  the  board  of  management  shall  con- 
stitute a quorum  for  the  transaction  of  business.  (See 
Appendix  D. — Note  ^2.) 


STATE  OF  NORTH  DAKOTA 


135 


Sec.  910.  COMMISSIONS.  SECRETARY. 
— The  governor  shall  cause  to  be  issued  to  each  of 
the  members  of  the  board  of  trustees  a commission 
under  the  great  seal  of  the  state,  and  such  commis- 
sion shall  designate  the  board  of  management  upon 
which  such  members  shall  serve.  At  the  first  meet- 
ing of  the  board  the  members  thereof  shall  proceed 
to  select  and  appoint  a secretary  of  the  board.  A ma- 
jority of  the  members  of  the  board  of  trustees  shall 
constitute  a quorum  for  the  transaction  of  business. 

Sec.  911.  {Amended.)  MEETINGS.  COM- 
PENSATION.— The  board  of  trustees  shall  meet  at 
Valley  City  and  at  Mayville  or  at  the  seat  of  govern- 
ment at  such  time  each  year  as  may  be  decided  upon 
by  the  board.  The  members  of  the  board  shall  receive 
the  sum  of  three  dollars  per  day  for  each  day  employed 
in  attendance  upon  sessions  of  the  board  of  trustees, 
or  the  board  of  management,  and  their  actual  and  nec- 
essary expenses  in  attending  meetings  of  the  respective 
boards,  or  in  other  duties  connected  therewith,  which 
expenses  shall  be  paid  out  of  the  state  treasury  upon 
the  vouchers  of  the  respective  boards  in  the  manner  pro- 
vided by  law.  The  board  of  trustees  shall  not  be  in 
session  for  exceeding  eight  days  in  any  one  year  nor 
either  board  of  management  to  exceed  twelve  days  dur- 
ing each  year.  The  secretary  of  the  board  of  trustees 
shall  receive  such  salary  as  shall  be  determined  by  the 
board  not  exceeding  one  hundred  dollars  a year  and  his 
actual  expenses  incurred  in  attending  meetings  of  the 
board,  which  shall  be  paid  as  herein  provided  for  mem- 
bers of  the  board  of  trustees. 

Sec.  912.  TREASURER  TO  KEEP  FUNDS.— 
All  moneys  arising  from  the  interest  and  income  de- 
rived from  the  rental  and  sale  of  the  lands  appropriated 
to  such  schools,  and  all  moneys  that  may  hereafter 
be  appropriated  by  the  state,  including  all  moneys 
raised  in  any  other  manner  for  either  of  such  schools 
shall  be  deposited  with  the  state  treasurer,  to  be  by 
him  kept  in  two  separate  funds,  to  be  known  as  the 
fund  of  the  state  normal  school  at  Mayville,  and  the 
fund  of  the  state  normal  school  at  Valley  City,  respec- 
tively, and  such  funds  shall  be  used  exclusively  for  the 
benefit  of  such  schools. 

Sec.  913.  OBJECTS  OF  NORMAL  SCHOOLS. 
— The  objects  of  such  normal  schools  shall  be  to  pre- 
pare teachers  in  the  science  of  education  and  the  art 
of  teaching  in  public  schools.  The  board  of  trustees, 
with  the  assistance  of  the  respective  faculties,  shall 


Commissions. 


Secretary 
of  board. 


Meetings— 
when  and 
where. 


Compensation. 


Maximum 

time. 


Salary  of 
secretary. 


State  treasur- 
er to  keep 
funds. 


Funds  kept 
weparate. 


Object  to 
prepare  teach- 
ers. 


136 


GENERAL  SCHOOL  LAWS 


Course  of 
study. 


Duties  of 
board  as  to 
funds. 


Superinten- 
dent of  con- 
struction. 


Audit  of  ex- 
penses. 


Board  of  man- 
agement to  fix 
salaries  of 
employes. 


Propose 
names  of 
teachers. 


Report  to 
trustees. 


Salaries  of  In- 
structors 
fixed  by  trus- 
tees. 


adopt  the  full  course  of  study  prescribed  for  that  pur- 
pose, which  shall  embrace  the  academic  and  profession- 
al studies  usually  taught  in  normal  schools.  Such 
schools  shall  in  all  things  be  free  from  sectarian  con- 
trol. 

Sec.  914.  DUTIES  OF  BOARD  AS  TO  APPRO- 
PRIATIONS.— The  board  of  management  of  each 
normal  school  shall  direct  the  disposition  of  all  moneys 
appropriated  by  the  legislative  assembly  for  current  ex- 
penses of  such  school,  and  shall  have  supervision  and 
charge  of  the  construction  of  all  buildings  authorized 
by  law  for  such  school,  and  shall  direct  the  disposition 
of  all  moneys  appropriated  therefor  or  accumulating 
therefor  as  provided  in  this  article.  They  shall  have 
power  to  appoint  one  of  their  members  superintendent 
of  construction  of  all  buildings,  who  shall  receive 
three  dollars  per  day  for  each  day  actually  and  neces- 
sarily engaged  in  the  discharge  of  his  duties  not  to 
exceed  fifty  days  in  any  one  year,  which  sum  shall  be 
paid  out  of  the  state  treasury  as  herein  provided ; but 
all  expenditures  incurred  under  the  direction  of  either 
of  the  boards  aforesaid  shall  be  audited  and  allowed 
by  such  board  of  management  and  the  expenditures 
incurred  under  the  direction  of  the  board  of  trustees 
aforesaid  shall  be  audited  and  allowed  by  such  board. 

Sec.  915.  SALARIES  OF  EMPLOYES.  RE- 
PORTS.— The  board  of  management  of  each  normal 
school  shall  have  the  care  of  the  buildings  belonging 
to  such  school.  It  shall  have  power  to  fix  the  salaries 
of  employes,  except  members  of  the  faculty,  and  to 
prescribe  their  respective  duties,  and  to  remove  any 
of  such  employes  at  any  time.  It  shall  at  such  times 
as  may  be  determined  upon  propose  to  the  board  of 
trustees  the  names  of  persons  as  principal,  teachers 
and  instructors,  with  the  recommendation  that  such 
persons  be  employed  by  such  board  of  trustees  as  the 
faculty  of  such  school.  It  shall  on  or  before  the  third 
Monday  in  November  of  each  year,  make  an  annual  re- 
port to  the  board  of  trustees,  showing  a statement  of 
all  expenditures  of  funds  under  its  direction,  the  erec- 
tion and  care  of  buildings,  the  condition  of  the  schools, 
and  containing  such  recommendations  as  they  may 
think  proper. 

Sec.  916.  SALARIES  OF  PRINCIPAL  AND 
TEACHERS. — The  board  of  trustees  shall  fix  the  sal- 
aries of  the  principal,  teachers  and  instructors,  and 
shall  employ  the  persons  therefor  that  have  been  recom- 
mended by  the  respective  boards  of  management,  un- 


STATE  OF  NORTH  DAKOTA 


137 


less  in  the  opinion  of  the  board  of  trustees  a reasonable 
ground  exists  for  refusing  to  employ  such  person.  The 
board  of  trustees  shall  prescribe  the  time  and  the  length 
of  the  various  terms  of  such  schools. 

Sec.  917.  THE  FACULTY,  DUTIES  OF.— The 
faculty  shall  consist  of  the  principal,  teachers  and  in* 
structors  employed  for  each  school  as  herein  provided. 
They  shall  pass  all  needful  rules  and  regulations  for 
the  government  and  discipline  of  the  schools,  regulating 
the  routine  of  labor,  study,  meals  and  the  duties  and 
exercises  and  such  other  rules  and  regulations  as  are 
necessary  for  the  preservation  of  morals,  decorum  and 
health.  They  shall  carry  out  the  course  of  study 
adopted  by  the  board  of  trustees  and  shall  arrange  for 
the  classification  of  all  pupils  in  conformity  therewith. 

Sec.  918.  DUTY  OF  PRINCIPAL.— The  princi- 
pal shall  be  the  chief  executive  officer  of  the  school 
and  it  shall  be  his  duty  to  see  that  all  the  rules  and 
regulations  are  executed.  The  subordinate  officers  and 
employes  shall  be  under  his  direction  and  supervision. 

Sec.  919.  ANNUAL  REPORT  OF  FACULTY. 
The  faculty  shall,  on  or  before  the  third  Monday  in 
October  in  each  year  make  an  annual  report  to  the 
board  of  trustees  showing  the  general  condition  of  the 
school  and  containing  such  recommendations  as  the 
welfare  of  the  institution  demands. 

Sec.  920.  BIENNIAL  REPORTS  TO  GOV- 
ERNOR.— The  board  of  trustees  shall  make  a report 
to  the  governor  on  or  before  the  fifteenth  day  of  No- 
vember next  preceding  each  biennial  session  of  the  leg- 
islative assembly,  containing  the  several  reports  of  the 
boards  of  management  and  faculties  herein  provided 
for,  showing  the  condition  of  the  funds  appropriated  for 
the  school,  the  money  expended  and  the  purpose  for 
which  the  same  was  expended,  in  detail,  and  showing 
the  condition  of  the  normal  schools  generally. 

Sec.  921.  DIPLOMAS. — The  board  of  trustees 

and  the  respective  faculties  of  each  school  shall  have 
power  to  issue  diplomas  to  all  persons  who  shall  have 
completed  the  course  of  study  prescribed  for  the  nor- 
mal schools  as  herein  provided,  and  who  shall  have 
passed  a satisfactory  examination  under  the  direction 
of  the  board  of  trustees,  upon  the  branches  contained 
in  such  course,  and  who  shall  be  known  to  possess  a 
good  moral  character,  which  diploma  shall  set  forth  the 
above  mentioned  facts  and  shall  be  designated  the  state 
normal  school  diploma. 


Length  of 
school  term- 
how  »2eter- 
mined. 


The  faculty— 
its  powers  and 
duties. 


Principal  Is 
executive  offi- 
cer. 

Duty. 


Faculty  to 
report  to 
trustees  annu- 
ally. 


Trustees  to 
report  to 
governor. 


Diplomas— 
who  entitled 
to. 


138 


GENERAL  SCHOOL  LAWS 


S*:ate  profes- 
sional certifi- 
cate. 


Five-year  cer- 
tificate. 


Academy  of 
science — 
object. 


Governed  by 
trustees. 


Appointment 
of  trustees. 


Meetings. 


Powers. 


Sec.  922.  STATE  PROFESSIONAL  CERTIFI- 
CATE.— Any  person  who  is  the  holder  of  such  a di- 
ploma and  who  can  furnish  satisfactory  evidence  to  the 
superintendent  of  public  instruction  that  he  has  had 
three  years’  successful  experience  as  a teacher,  shall 
be  granted  by  the  superintendent  of  public  in- 
struction a state  professional  certificate,  valid 
for  life  as  provided  by  law,  and  any  such 
person  who  can  furnish  satisfactory  evidence  of 
one  year’s  successful  experience  as  a teacher  shall  be 
granted  such  certificate,  valid  for  five  years,  as  pro- 
vided by  law.  The  fees  for  such  certificate  shall  be 
as  provided  by  law. 

Article  3. — North  Dakota  Academy  of  Science. 

{Chapter  50,  Laws  of 

Sec.  923.  CONTINUATION.  OBJECT.— The 
North  Dakota  academy  of  science  heretofore  estab- 
lished at  Wahpeton  is  hereby  continued  as  such.  The 
object  of  such  academy  shall  be  to  furnish  instruction 
in  the  physical  sciences,  higher  mathematics,  political 
science  and  pedagogy,  covering  such  courses  in  these 
subjects  as  are  commonly  prescribed  in  standard  col- 
leges. {See  Const.  Sec.  216,  sub.  5.) 

Sec.  924.  HOW  GOVERNED.— Such  school  shall 
be  under  the  direction  and  management  of  a board  of 
trustees  and  shall  be  erected,  governed  and  maintained 
as  hereinafter  provided. 

Sec.  925.  BOARD,  HOW  CONSTITUTED.— 
Such  board  of  trustees  shall  consist  of  five  members 
who  shall  be  appointed  by  the  governor,  by  and  with 
the  consent  of  the  senate,  and  shall  hold  their  office  for 
a term  of  four  years ; provided,  that  immediately  upon 
the  taking  effect  of  this  act  the  governor  shall  appoint 
three  members  of  this  board  who  shall  hold  office  for 
four  years  and  two  members  who  shall  hold  office  for 
two  years,  each  member  of  said  board  to  hold  office 
until  his  successor  is  appointed  and  qualified;  and  the 
governor  may  fill  vacancies  as  in  other  cases.  The 
members  of  such  board  shall  meet  at  Wahpeton  annu- 
ally on  the  first  Tuesday  in  April  and  shall  from 
among  their  number  elect  a president  and  secretary, 
and  said  board  may  provide  for  such  other  meetings 
at  such  times  and  places  as  may  be  deemed  expedient ; 
provided,  that  the  governor  may  designate  the  time  of 
holding  the  first  meeting  of  said  board. 

Sec.  926.  POWERS  OF  BOARD.— Such  board 
shall  have  power  to  buy  or  procure  the  necessary 


STATE  OF  NORTH  DAKOTA 


139 


ground  and  to  erect  and  equip  the  necessary  buildings 
for  said  school,  to  appoint  a principal  and  assistants 
to  take  charge  of  such  school  and  such  other  teachers 
and  officers  as  may  be  required,  and  fix  the  salaries  of 
each  and  prescribe  their  several  duties.  It  shall  also 
have  power  to  remove,  either  principal,  assistant  or 
teacher  and  appoint  others  in  their  stead.  The  board 
shall  prescribe  the  various  books  to  be  used  in  such 
school  and  shall  make  all  the  regulations  and  by-laws 
necessary  for  good  government  and  maintenance  of  the 
same  and  shall  have  power  to  procure  all  necessary  ap- 
paratus, instruments  and  appurtenances  for  instruction 
in  said  school. 

Sec.  927.  RULES  AND  REGULATIONS.— The 
board  shall  prescribe  such  rules  and  regulations  for  the 
admission  of  pupils  to  said  school  as  it  shall  deem  ne- 
cessary and  proper  and  may  in  its  discretion  require 
applicants  for  admission  into  such  school  to  pay  such 
fees  or  tuition  as  the  board  may  deem  reasonable. 

Sec.  928.  {Repealed.) 

Sec.  929.  COMPENSATION. — All  necessary  ex- 
penses incurred  by  members  of  the  board  of  trustees 
and  the  sum  of  three  dollars  per  diem  for  the  time  actu- 
ally and  necessarily  employed  in  the  discharge  of  the 
duties  of  their  office  shall  be  paid  on  the  proper  voucher 
out  of  the  general  funds  of  the  state.  The  principal, 
assistants,  teachers  and  other  officers  and  employes 
in  such  school  shall  be  paid  out  of  the  fund  of  the 
North  Dakota  Academv  of  Science. 

Sec.  930.  APPROPRIATION.  BONDS  AU- 
THORIZED.— All  moneys  received  from  the  interest 
and  income  derived  from  the  sale  or  leasing  of  the  forty 
thousand  acres  of  land  donated  by  congress  and  appro- 
priated by  the  constitution  of  this  state  for  the  benefit 
of  such  school  are  hereby  appropriated  for  the  con- 
struction and  maintenance  thereof ; and,  to  further  pro- 
vide for  the  erection  of  necessary  buildings  for  such 
school  and  for  their  proper  equipment  and  for  the  es- 
tablishment of  such  school,  the  board  of  trustees  are 
hereby  authorized  and  empowered  to  issue  bonds  for 
such  sum  or  sums  of  money  as  is  actually  needed  for 
the  purposes  herein  specified,  not  exceeding  thirty 
thousand  dollars.  Said  bonds  shall  be  designated  as 
“Bonds  of  the  North  Dakota  Academy  of  Science.” 
They  shall  be  issued  under  the  seal  of  the  board  of 
trustees  of  the  said  academy  of  science  and  signed  by 
its  president  and  secretary.  They  shall  be  in  denomina- 
tions of  two  thousand  dollars  each,  and  shall  bear  four 


Over  in- 
structors. 


Rules,  regu- 
lations, etc. 


Admission  of 
pupils. 


Compensation 
of  trustees. 


Instructors  — 
from  what 
fund  paid. 


Income  from 
congressional 
grant  appro- 
priated. 


Bonds. 


Description 


140 


GENERAL  SCHOOL  LAWS 


Interest. 


Negotiation. 


State  treasur- 
er custodian  ofi 
all  funds. 


Tuition  fees, 
how  used. 


Majority  of 
board  a 
quorum. 


per  cent  interest  and  shall  mature  at  such  times  as  may 
be  deemed  advisable  by  said  board  of  trustees  and  in 
not  to  exceed  twenty  years.  The  interest  shall  be  paid 
annually  on  the  first  day  of  July  from  the  interest  and 
income  accumulating  from  the  sale,  rental  and  lease 
of  the  land  granted  by  the  state  to  the  North  Dakota 
academy  of  science ; provided,  if  there  is  not  sufficient 
money  in  the  said  funds  to  pay  such  interest,  there  is 
hereby  appropriated  out  of  any  funds  in  the  state 
treasury  not  otherwise  appropriated  a sufficient  amount 
to  meet  such  deficiency.  The  state  treasurer  is  hereby 
authorized  and  required  to  retain  out  of  the  interest 
and  income  fund  of  said  academy  of  science  each  year, 
first,  a sufficient  amount  to  pay  the  annual  interest  up- 
on the  bonds  issued,  and  second,  for  a sinking  fund  to 
be  used  to  pay  off  the  bonds  as  they  mature,  an  amount 
equal  to  one-twentieth  of  the  total  of  the  bonds,  issued 
for  the  benefit  of  the  academy  of  science.  He  is  further 
authorized  and  required  to  pay  over  and  transfer 
quarterly  to  the  maintenance  fund  of  the  academy  of 
science  any  and  all  balances  that  may  be  remaining  in 
said  interest  and  income  fuiia  over  and  above  the  res- 
ervations above  provided  for.  These  bonds  shall  first 
be  offered  for  sale  to  the  board  of  university  and  com- 
mon school  lands  at  par,  and  if  not  purchased  by  said 
board,  the  board  of  trustees  of  said  academy  of  science 
shall  receive  sealed  proposals  for  the  purchase  of  the 
same,  and  shall  give  public  notice  of  the  sale  at  least 
thirty  days  preceding  such  sale  and  the  bonds  shall  be 
sold  to  the  highest  bidder  for  cash  at  not  less  than  par. 

Sec.  931.  {Repealed.) 

Sec.  932.  DUTIES  OF  STATE  TREASURER.— 
The  state  treasurer  shall  be  the  custodian  of  all  funds 
belonging  to  such  school,  from  whatever  source 
received,  and  the  same  shall  be  deposited  with  him 
and  by  him  kept  in  a separate  fund  which  shall  be 
known  as  the  North  Dakota  academy  of  science  fund, 
and  shall  be  used  exclusively  for  the  benefit  of  such 
academy;  provided,  however,  that  any  sum  or  sums 
received  by  such  board  of  trustees  for  tuition  or  fees,  for 
scholarships  in  such  school,  may  be  kept  and  disbursed 
by  the  secretary  of  such  board  upon  the  order  of  the 
president  thereof,  for  correct  (current)  expenses  of 
such  school. 

Sec.  933.  MAJORITY  SHALL  CONSTITUTE 
QUORUM. — A majority  of  the  members  of  the 
board  of  trustees  shall  constitute  a quorum,  but  a less 
number  may  adjourn  from  time  to  time.  All  proceed- 


STATE  OF  NORTH  DAKOTA 


141 


ings  of  the  board  shall  be  recorded  in  a book  kept  for 
that  purpose,  which  shall  be  open  to  inspection  to  any 
person  on  request ; and  the  secretary  shall  keep  a strict 
account  of  all  moneys  received  by  him  in  such  manner 
as  may  be  prescribed  by  the  board,  and  such  accounts 
shall  at  all  times  be  open  to  inspection  by  said  board 
or  any  member  thereof. 

Article  4. — Agricultural  College. 

Sec.  934.  LOCATION  OF. — The  agricultural  col- 
lege shall  continue  as  now  established  and  located  at 
Fargo  in  the  county  of  Cass.  (See  Const.  Sec.  2i^, 
Sub.  3). 

Sec.  935.  MANAGEMENT  OF. — The  govern- 
ment and  management  of  such  college  is  vested  in  a 
board  of  trustees  to  be  known  as  the  board  of  trustees 
of  the  agricultural  college. 

Sec.  936.  BOARD  OF  TRUSTEES,  HOW  AP- 
POINTED. VACANCIES.— The  board  of  trustees 
shall  consist' of  seven  members,  to  be  appointed  as  fol- 
lows : During  each  biennial  session  of  the  legislative 

assembly  there  shall  be  nominated  by  the  governor 
and,  by  and  with  the  advice  and  consent  of  the  senate, 
appointed  for  the  term  of  four  years,  trustees  to  fill 
vacancies  occurring  by  the  expiration  of  the  term  of 
office  of  those  previously  appointed.  The  governor 
shall  have  powed  to  fill  all  vacancies  in  such  board 
which  occur  when  the  legislative  assembly  is  not  in 
session,  and  the  m.embers  of  such  board  shall  hold 
their  office  until  their  successors  are  appointed  and 
qualified  as  provided  in  this  article.  Persons  appoint- 
ed to  fill  vacancies  shall  hold  office  only  until  the  first 
Tuesday  in  April  succeeding  the  next  session  of  the 
legislative  assembly. 

Sec.  937.  COMMISSION.  OATH.  ORGANI- 
ZATION.— The  governor  shall  cause  to  be  issued  to 
each  trustee  so  appointed  a commission  under  the  great 
seal  of  the  state.  At  the  first  meeting  of  such  board 
the  members  thereof  shall  take  ^nd  subscribe  the  oath 
of  office  required  of  other  civil  officers  and  shall  then 
proceed  to  elect  a president,  secretary  and  treasurer, 
but  the  treasurer  shall  not  be  a member  of  the  board. 
A majority  of  the  members  of  the  board  shall  constitute 
a quorum  for  the  transaction  of  business.  The  board 
shall  require  a bond  of  its  treasurer  in  such  an  amount 
and  with  such  sureties  as  it  may  deem  proper.  (See 
Appendix  D. — Note  32.) 


Records  open 
fori  inspection. 


A/?ricultural 
college— loca- 
tion of. 


Trustees  to 
manage. 


Trustees — 
number  and 
appointment  of 


Vacancies. 


Commission 
under  great 
seal. 


How  shall 
qualify. 


Organization 
and  quorum. 


142 


GENERAL  SCHOOL  LAWS 


Meetings— 

When. 

where — how 
many. 


Compensation. 


Duty  of  board 
as  to  funds. 


Employ  in- 
structors. 


Superintendent 
of  construc- 
tion. 


Object  and 
course  of  s’tudy 


Sec.  938.  MEETINGS,  WHERE  HELD.  COM- 
PENSATION OE  TRUSTEES.— The  board  shall 
hold  its  meetings  at  the  city  of  Eargo  at  such  times  as 
it  may  designate,  but  there  shall  not  be  to  exceed  six 
regular  meetings  each  year;  provided,  that  the  presi- 
dent of  the  board  shall  have  power  to  call  special  meet- 
ings whenever  in  his  judgment  it  becomes  necessary. 
The  members  of  the  board  shall  receive  as  compensa- 
tion for  their  services  the  sum  of  three  dollars  per 
day  for  each  day  employed  and  five  cents  per  mile  for 
each  mile  actually  and  necessarily  traveled  in  attending 
the  meetings  of  the  board,  which  sum  shall  be  paid  out 
of  the  state  treasury  upon  vouchers  of  the  board  duly 
certified  by  the  president  and  secretary  thereof. 

Sec.  939.  DUTIES  OF  BOARD.— Such  board 
shall  direct  the  disposition  of  all  moneys  appropriated 
by  the  legislative  assembly  or  by  the  congress  of  the 
United  States,  or  that  may  be  derived  from  the  sale  of 
lands  donated  by  congress  to  the  state  for  such  college, 
or  that  may  be  donated  to  or  come  from  any  source 
to  the  state  for  said  college,  or  experiment  station  for 
North  Dakota,  subject  to  all  restrictions  imposed  upon 
such  funds  either  by  the  constitution  or  laws  of  the 
state  or  by  the  terms  of  such  grants  from  congress,  and 
shall  have  supervision  and  charge  of  the  construction 
of  all  buildings  authorized  by  law  for  such  college  and 
station.  The  board  shall  have  power  to  employ  a presi  - 
dent and  necessary  teachers,  instructors  and  assistants 
to  conduct  such  school  and  carry  on  the  experiment 
station  connected  therewith  and  to  appoint  one  of  its 
members  superintendent  of  construction  of  all  build- 
ings, who  shall  receive  three  dollars  per  day  for  each 
day  actually  and  necessarily  engaged  in  the  discharge 
of  his  duties,  not  to  exceed  fifty  days  in  any  one  year, 
which  sum  shall  be  paid  out  of  the  state  treasury  upon 
the  vouchers  of  said  board. 

Sec.  940.  COURSE  OF  INSTRUCTION.— The 
object  of  such  college  shall  be  to  afford  practical  in- 
struction in  agriculture  and  the  natural  sciences  con- 
nected therewith,  and  in  the  sciences  which  bear  di- 
rectly upon  all  industrial  arts  and  pursuits.*  The  course 
of  instruction  shall  embrace  the  English  language  and 
literature,  mathematics,  military  tactics,  civil  engineer- 
ing, agricultural  chemistry,  animal  and  vegetable  anat- 
omy and  physiology,  the  veterinary  art,  entomology, 
geology  and  such  other  natural  sciences  as  may  be  pre- 
scribed, political,  rural  and  household  economy,  horti- 
culture, moral  philosophy,  history,  bookkeeping  and 


STATE  OF  NORTH  DAKOTA 


143 


especially  the  application  of  science  and  the  mechanic 
arts  to  practical  agriculture.  A full  course  of  study 
in  the  institution  shall  embrace  not  less  than  four  years, 
and  the  college  year  shall  consist  of  not  less  than  nine 
calendar  months,  which  may  be  divided  into  terms  by 
the  board  of  trustees  as  in  its  judgment  will  best  secure 
the  objects  for  which  the  college  was  founded. 

Sec.  941.  BOARD  OF  TRUSTEES  TO  FIX 
SALARIES. — The  board  of  trustees  shall  fix  the  sal- 
aries of  the  president,  teachers,  instructors  and  other 
employes  and  prescribe  their  respective  duties.  The 
board  shall  also  fix  the  rate  of  wages  to  be  allowed  the 
students  for  labor  on  the  farm  and  experiment  station 
or  in  the  shops  or  kitchen  of  the  college.  The  board 
may  remove  the  president  or  subordinate  officers  and 
supply  all  vacancies. 

Sec.  942.  FACULTY  TO  ADOPT  RULES  AND 
REGULATIONS. — The  faculty  shall  consist  of  the 
president,  teachers  and  instructors  and  shall  pass  all 
needful  rules  and  regulations  for  the  government  and 
discipline  of  the  college,  regulating  the  routine  of  labor, 
study,  meals  and  the  duties  and  exercises,  and  all  such 
rules  and  regulations  as  are  necessary  for  the  preser- 
vation of  morals,  decorum  and  health. 

Sec.  943.  DUTIES  OF  PRESIDENT.— The 
president  shall  be  the  chief  executive  officer  of  the  col- 
lege and  it  shall  be  his  duty  to  see  that  all  rules 
and  regulations  are  executed,  and  the  subordinate  of- 
ficers and  employes  not  members  of  the  facultv  shall 
be  under  his  direction  and  supervision. 

Sec.  944.  FACULTY  TO  MAKE  ANNUAL 
REPORT  TO  BOARD. — The  faculty  shall  make  an 
annual  report  to  the  board  of  trustees  on  or  before  the 
first  Monday  in  November  of  each  year,  showing  the 
condition  of  the  school,  experiment  station  and  farm 
and  the  results  of  farm  experiments  and  containing 
such  recommendations  as  the  welfare  of  the  institution 
demands. 

Sec.  945.  ANNUAL  REPORT  TO  GOVERNOR. 
— The  board  of  trustees  shall  on  or  before  the 
fifteenth  day  of  November  in  each  year  make  a report 
to  the  governor  setting  forth  in  detail  the  operations 
of  the  experiment  station,  including  a statement  of  the 
receipts  and  expenditures,  a copy  of  which  report  shall 
be  sent  by  the  governor  to  the  commissioner  of  agri- 
culture and  to  the  secretary  of  the  treasury  of  the 
United  States,  and  the  board  shall  also  make  a report 
to  the  governor  on  or  before  the  fifteenth  day.  of 


Full  course 
four  years. 


Salaries  fixed 
by  trustees. 


Removals  and 
A-acaucies. 


Government 
and  discipline, 
faculty  to 
adopt  rules  for 


President  ex- 
ecutive officer 


Duty  to  en- 
force rules. 


Faculty  to  re- 
port to  trus- 
tees annually. 


Anmual  report 
to  iior  by 

trustees. 


Report  to  com- 
missdoner  of 
agriculture. 


144 


GENERAL  SCHOOL  LAWS 


Biennial  report 
of  trustees. 


Degrees,  on 
whom  may  be 
conferred. 


Experiment 

station 


Assent  to  con- 
gressional 
grant. 


Land  grant 
accepted. 


Treasurer’s 

bond. 


November  next  preceding  each  biennial  session  of  the 
legislative  assembly,  containing  a financial  statement 
showing  the  condition  of  all  funds  appropriated  for 
the  use  of  such  college  and  experiment  station,  also  the 
moneys  expended  and  the  purposes  for  which  the  same 
were  expended,  in  detail,  also  the  condition  of  the  insti- 
tution and  the  results  of  the  experiments  carried  on 
there. 

Sec.  946.  HONORARY  DEGREES  MAY  BE 
CONFERRED. — The  board  and  the  faculty  shall 
have  power  to  confer  degrees  upon  all  persons  who 
shall  have  completed  the  course  of  study  prescribed 
by  them,  and  who  shall  have  passed  a satisfactory  ex- 
amination in  the  branches  contained  in  such  course, 
and  who  possess  a good  moral  character. 

Sec.  947.  EXPERIMENT  STATION.— The 

agricultural  experiment  station  heretofore  established 
in  connection  with  such  college  is  continued  and  the 
same  shall  be  under  the  direction  of  the  board  of 
trustees  of  such  college,  for  the  purpose  of  conduct- 
ing experiments  in  agriculture  according  to  the  pro- 
visions of  section  1 of  the  act  of  congress  approved 
March  2, 1887,  entitled  “An  act  to  establish  agricultural 
experiment  stations  in  connection  with  the  colleges  es- 
tablished in  the  several  states  under  the  provisions  of 
an  act  approved  July  2,  1862,  and  of  the  acts  supple- 
mentary thereto.” 

Sec.  948.  LEGISLATIVE  ASSENT  TO 
GRANT  BY  CONGRESS.— The  assent  of  the  legis- 
lative assembly  is  hereby  given  in  pursuance  of  the 
requirements  of  section  9 of  said  act  of  congress  ap- 
proved March  2,  1887,  to  the  grant  of  money  tlierein 
made  and  to  the  establishing  of  an  experiment  station 
in  accordance  with  section  1 of  said  last  mentioned  act, 
and  assent  is  hereby  given  to  carry  out  the  provisions 
of  said  act. 

Sec.  949.  ACCEPTANCE  OF  LAND  GRANT. 
— The  grants  of  land  accruing  to  this  state  by  virtue  of 
an  act  of  congress  donating  public  lands  for  the  use 
and  support  of  agricultural  colleges  approved  Febru- 
ary 22,  1889,  is  hereby  accepted  with  all  the  condi- 
tions and  provisions  in  said  act  contained,  and  said 
lands  are  hereby  set  apart  for  the  use  and  support  of 
the  colleges  herein  provided  for. 

Sec.  950.  BOND  OF  TREASURER. — The  treas- 
urer of  such  college  shall  give  a bond  in  the  sum  of 
fifty  thousand  dollars  with  at  least  four  sureties  to  be 
approved  by  the  board  of  trustees  of  such  college,  con- 


STATE  OF  NORTH  DAKOTA 


145 


ditioned  for  the  faithful  accounting  of  all  moneys  re- 
ceived by  him  as  such  treasurer. 

AGRICULTURAL  AND  GEOLOGICAL  SURVEY 
{Chapter  8,  Laws  ipoi.) 

{See  Sections  8p8-po4a,  ante.) 

Sec.  1.  AGRICULTURAL  COLLEGE  BOARD 
CO-OPERATE. — The  board  of  trustees  of  the  ag- 
ricultural college  of  the  state  of  North  Dakota  is 
hereby  authorized  to  co-operate  with  the  directors  of 
the  United  States  federal  surveys  and  to  accept  the 
co-operation  of  the  United  States  with  this  state  in 
executing  a topographic,  economic  and  agriculural 
survey  and  map  of  North  Dakota,  which  is  hereby 
authorized  to  be  made;  and  the  said  board  of  trus- 
tees shall  have  the  power  to  arrange  with  said  direct- 
ors, or  other  authorized  representatives  of  the 
United  States  government  surveys,  concerning  the 
details  of  said  work,  the  methods  of  its  execution, 
and  the  order  in  part  of  time  in  which  these  surveys 
and  maps  of  the  different  parts  of  the  state  shall  be 
completed;  provided,  that  the  said  directors  of  the 
United  States  government  survey,  thus  co-operating 
with  the  state  of  North  Dakota,  shall  agree  to  ex- 
pend on  the  part  of  the  United  States  upon  said  work 
a sum  equal  to  that  appropriated  by  the  state  of 
North  Dakota  for  that  purpose. 

Sec.  2.  MAPS  UNIFORM  WITH  U.  S.  MAPS. 
—In  arranging  the  details  heretofore  referred  to,  it 
is  expected  that  the  topographic  maps  resulting  from 
this  survey  shall  be  similar  in  general  design  to  the 
Fargo  and  Casselton  sheets  already  made  by  the 
United  States  geological  survey;  that  they  shall 
show  the  location  of  all  roads,  railroads,  streams, 
lakes  and  rivers,  and  shall  contain  certain  lines  show- 
ing the  elevation  and  depression  for  every  twenty 
feet  of  vertical  interval  of  the  surface  of  the  county; 
and  that  the  resulting  maps  shall  recognize  the  co- 
operation of  the  state  of  North  Dakota. 

Sec.  3.  MAKE  AN  ECONOMIC  SURVEY.— 
Following  the  completion  of  the  topographic  maps, 
or  as  rapidly  as  deemed  expedient,  an  economic  sur- 
vey shall  be  made,  including  a complete  account  of 
all  economic  resources  of  agricultural  importance, 
including  the  character  and  value  of  soil  for  agri- 


Topographic 

map. 


Maps— des- 
cription. . 


What  to  show 


Economic  sur- 
vey. 


School  Laws— 10 


146 


GENERAL  SCHOOL  LAWS 


Water  supply. 


Climatic  variar 
tions. 


Samples  for 
museum  to  be 
collected. 


Publication  of 
map. 


Bulletins  of 

experiment 

station. 


Distribution. 


State  director, 
to  report  to 
governor. 


cultural  purposes,  the  nature  and  extent  of  water 
supplies,  both  surface  and  artesian,  together  with  the 
analysis  of  soils,  waters,  etc.,  including  also  the  col- 
lecting and  tabulating  of  meteorological  data  neces- 
sary in  explaining  climatic  variations,  and  such  other 
investigations  as  naturally  belong  to  an  economic 
survey. 

Sec.  4.  STATE  DIRECTOR  TO  COLLECT 
SAMPLES. — It  shall  be  the  duty  of  the  state  di- 
rector of  this  survey  to  collect  or  cause  to  be  collect- 
ed, samples  of  all  rocks,  soils,  coals,  clays,  minerals, 
fossils,  plants,  woods,  skins  and  skeletons  of  native 
animals,  and  such  other  products  of  economic  or  sci- 
entific interest  discovered  during  this  survey,  which 
properly  secured  and  labeled,  shall  be  placed  on  ex- 
hibition in  the  museum  of  the  North  Dakota  agri- 
cultural college. 

Sec.  5.  ARRANGE  TO  PUBLISH  MAPS.— 
The  state  director  of  this  survey  shall  arrange  with 
the  directors  of  the  government  surveys  for  the  pub- 
lications of  economic  maps  resulting  from  this  sur- 
vey, which  shall  be  similar  in  design  to,  and  uniform 
with  the  publication  now  made  by  these  surveys  ac- 
companied by  (a)  the  written  description  of  the 
formations  and  economic  resources,  which  shall  con- 
stitute a report,  embodying  and  setting  forth  all 
useful  information  developed  during  these  investi- 
gations. 

Sec.  6.  PUBLISH  REPORTS.— There  shall 
be  published  from  time  to  time,  as  bulletins  of  the 
North  Dakota  experiment  station,  preliminary 
reports  of  this  survey,  as  the  work  progresses,  show- 
ing the  results  of  the  survey  and  investigations  con- 
ducted, together  with  preliminary  maps  showing  the 
areas  covered,  and  these  preliminary  reports  shall  be 
sent  gratis  to  all  citizens  of  North  Dakota  making 
application. 

Sec.  7.  MAKE  BIENNIAL  REPORT  TO 
GOVERNOR. — It  shall  be  the  duty  of  the  said 
board  of  trustees,  through  the  state  director  of  this 
survey,  to  make  on  or  before  the  second  Tuesday  of 
December  of  each  >ear,  immediately  preceding  the 
regular  sessions  of  the  legislative  assembly  of  North 
Dakota,  a biennial  report  to  the  governor,  showing 
the  progress  of  the  survey,  accompanied  by  copies  of 
the  maps  completed  and  results . accomplished. 


STATE  OF  NORTH  DAKOTA 


147 


together  with  a report  of  all  moneys  received  and 
expended ; and  the  governor  shall  lay  this  report 
before  the  legislative  assembly. 

Sec.  8.  STATE  DIRECTOR.— The  professor  of 
geology  of  the  North  Dakota  agricultural  college 
shall  act,  under  the  direction  of  the  board  of  trus- 
tees of  said  institution,  as  state  director  of  this 
survey. 

Sec.  9.  APPROPRIATION.— There  is  hereby 
appropriated  out  of  the  money  of  the  state  treasury, 
not  otherwise  appropriated,  the  sum  of  five  hundred 
dollars  ($500)  annually,  which  shall  be  paid  by  the 
state  treasurer  upon  a draft  from  the  secretary  of  the 
board  of  trustees,  having  in  control  this  survey. 

Sec.  10.  NAME. — This  survey  shall  be  known 
as  the  Agricultural  College  survey  of  North  Dakota. 

Sec.  11.  NOT  CONELICTING.-This  act  is  not 
to  be  construed  as  conflicting  in  any  manner  with 
or  repealing  the  geological  survey  of  North  Dakota 
already  established  at  the  state  university. 

Sec.  12.  BELONG  TO  THE  STATE.— 
Any  lands  belonging  to  the  state,  or  lands  known  as 
school  lands  and  public  institution  lands,  in  which 
is  discovered  any  valuable  deposit  of  coal  or  miner- 
als of  any  kind,  clay,  gravel  or  stone  shall  be  and 
remain  the  property  of  the  state  until  provision  for 
the  sale  or  leasing  thereof  is  especially  provided  for 
by  law. 

Article  5. — Deaf  and  Dumb  Asylum. 

Sec.  951.  LOCATION. — The  deaf  and  dumb 
asylum  as  located  by  the  constitution  at  Devils  Lake 
shall  continue  to  be  the  institution  for  the  support  and 
education  of  the  deaf  and  dumb  children  of  the  state. 
{See  Const.  Sec.  21  sub.  5.) 

Sec.  952.  BOARD  OE  TRUSTEES,  HOW  AP- 
POINTED.— Such  institution  shall  be  under  the  su- 
pervision of  a board  of  trustees  consisting  of  five  mem- 
bers, who  shall  be  appointed  by  the  governor  by  and 
with  the  advice  and  consent  of  the  senate.  At  each 
biennial  session  of  the  legislative  assembly  the  gov- 
ernor shall  nominate  and,  by  and  with  the  advice  and 
consent  of  the  senate,  appoint  for  the  term  of  four  years 
trustees  to  fill  vacancies  occurring  by  the  expiration 
of  the  term  of  office  of  those  previously  appointed,  and 
the  governor  shall  have  power  to  fill  all  vacancies  in  the 


state  director 
— who  is. 


Annual  ap- 
propriation. 


Name  of  sur- 
vey. 


Not  to  con- 
flict with  state 
university. 


Mineral  de- 
posit in  state 
or  school 
lands  belongs 
to  state. 


Deaf  and 
dumb  children 
— where  edu- 
cated. 


Trustees — 
number  and 
appointment. 


Vacancies. 


148 


GENERAL  SCHOOL  LAWS 


Term  of  office. 


Meetings. 


Organization. 


Quorum. 


Oath. 


Duties. 


Deposit  of 
funds,  board 
shall  direct  . 


General  super- 
vision. 


board  which  shall  occur  when  the  legislative  assembly 
is  not  in  session,  and  the  members  of  such  board  shall 
hold  their  office  for  the  term  of  four  years  commenc- 
ing on  the  first  Tuesday  in  April  succeeding  their  ap- 
pointment, and  until  their  successors  are  appointed  and 
qualified,  except  members  appointed  to  fill  vacancies 
during  the  recess  of  the  legislative  assembly,  which 
members  shall  hold  only  until  the  first  Tuesday  in 
April  succeeding  the  next  regular  session  of  the  legis- 
lative assembly. 

Sec.  953.  ORGANIZATION.  MEETINGS.— 
Such  trustees  shall  meet  in  the  city  of  Devils  Lake. 
They  shall  choose  from  among  their  number  a presi- 
dent and  secretary,  who  shall  hold  office  for  two  years 
and  until  their  successors  are  appointed  and  qualified. 
Three  members  of  the  board  shall  constitute  a quo- 
rum for  the  transaction  of  business.  Such  board  shall 
meet  annually  in  the  month  of  April  and  as  often  there- 
after as  may  be  deemed  necessary  for  the  proper  trans- 
action of  business,  upon  the  call  of  the  president  or 
secretary. 

Sec.  954.  OATH.  DUTIES  OE  OEEICERS 
OE  BOARD. — Each  member  of  the  board  shall  befo  v. 
entering  upon  his  duties  take  and  subscribe  the  oath 
required  of  other  civil  officers,  which  oath  shall  be 
filed  in  the  office  of  the  secretary  of  state.  The  presi- 
dent shall  preside  at  all  meetings  of  the  board  whf2n 
pieaent  and  in  his  absence  a president  pro  tempore  may 
be  named  to  perform  the  duties  of  president.  The 
secretary  shall  keep  a correct  record  of  the  proceedings 
of  the  board  and  have  charge  in  trust  for  the  institu- 
tion, of  all  papers  and  records  of  the  same.  (See  Ap- 
pendix D,  Note  ^2.) 

Sec.  955.  BOARD  TO  DIRECT  DISPOSITION 
OE  MONEYS. — The  board  shall  direct  the  disposi- 
tion of  all  moneys  appropriated  by  the  legislative  as- 
sembly or  received  from  any  other  source  for  the  bene- 
fit of  such  institution. 

Sec.  956.  DUTIES  OF  BOARD. — Such  board 
shall  have  general  supervision  of  the  institution,  adopt 
rules  for  the  government  thereof,  employ  and  fix  the 
salaries  of  all  employes,  provide  necessaries  for  the  in- 
stitution and  perform  other  duties,  not  devolving  upon 
the  principal  necessary  to  render  it  efficient  and  to 
carry  out  the  provisions  of  this  article. 


STATE  OF  NORTH  DAKOTA 


149 


Sec.  957.  INDEBTEDNESS  LIMITED.— The 
board  shall  not  create  any  indebtedness  against  such 
institution  exceeding  the  amount  appropriated  by  the 
legislative  assembly  for  the  use  thereof. 

Sec.  958.  COMPENSATION  OF  MEMBERS 
OF  BOARD. — The  members  of  the  board  shall  receive 
as. compensation  tor  their  services  three  dollars  per  day 
for  each  day  employed,  and  five  cents  per  mile  for  each 
mile  actually  and  necessarily  traveled  in  attending 
meetings  of  the  board,  to  be  paid  out  of  the  state  treas- 
ury upon  vouchers  of  the  board  duly  certified  by  the 
president  and  secretary  thereof. 

Sec.  959.  FEE  FOR  NON-RESIDENT  CHIL- 
DREN.— Deaf  and  dumb  children,  not  residents  of 
this  state,  of  suitable  age  and  capacity,  shall  be  entitled 
to  an  education  in  such  school  on  payment  to  the  state 
treasurer  of  the  sum  of  one  hundred  and  eighty  dollars 
per  annum,  in  advance,  but  such  children  shall  not  be 
received  to  the  exclusion  of  children  of  this  state. 

Sec.  960.  RESIDENTS  ENTITLED  TO  EDU- 
CATION FREE. — Each  deaf  and  dumb  person,  who 
is  a resident  of  this  state,  of  suitable  age  and  capacity, 
shall  be  entitled  to  receive  an  education  in  such  institu- 
tion at  the  expense  of  the  state. 

Sec.  961.  DEAF  TO  BE  REPORTED  TO 
PRINCIPAL  OF  SCHOOL. — The  assessors  of  each 
county  shall  annually  report  to  the  county  auditor  the 
names,  ages,  postoffice  address  and  names  of  parents 
or  guardian  of  each  deaf  and  dumb  person  between  the 
ages  of  five  and  twenty-five  years  residing  in  his  dis- 
trict, including  all  such  persons  as  may  be  too  deaf  to 
acquire  an  education  in  the  common  schools.  Such 
county  auditor  shall,  on  or  before  the  first  day  of  Au- 
gust in  each  year,  send  a list  containing  the  names,  ages 
and  residences  of  all  such  persons  to  the  principal  of 
the  school.  (See  Sec.  707.) 

Sec.  962.  ACCOUNTS  FOR  CLOTHING,  HOW 
COLLECTED. — When  the  pupils  of  such  institution 
are  not  otherwise  provided  or  supplied  with  suitable 
clothing,  they  shall  be  furnished  therewith  by  the  prin- 
cipal, who  shall  make  out  an  account  thereof  in  each 
case  against  the  parent  or  the  guardian,  if  the  pupil 
is  a minor,  and  against  the  pupil  if  he  has  no  parent  or 
guardian  or  if  he  has  attained  the  age  of  majority; 
which  account  shall  be  certified  to  be  correct  by  the 
principal,  and  when  so  certified  such  account  shall  be 


Indebtedness 
not  to  exceed 
appropriation. 


Compensation 


Non-resident 
pupils — fee  for 


Residents  to 
be  educated 
free. 


Assessors  to 
report  deaf 
and  dumb 
persons. 


Clothing  —how 
furnished. 


150 


GENERAL  SCHOOL  LAWS 


County  treas- 
urer to  collect 
for  same. 


To  be  paid  by 

taxation— 

when 


Transporta- 
tion—when 
paid. 


County  war- 
rant to  pay 
same. 


Officers. 


‘Qualifications 
of  principal 


Salary. 


Report. 


presumed  correct  in  all  courts.  The  principal  shall 
thereupon  transmit  such  account  by  mail  to  the  county 
treasurer  of  the  county  from  which  the  pupil  so  sup- 
plied shall  have  come ; and  such  treasurer  shall  proceed 
at  once  to  collect  the  amount  by  suit  in  the  name  of  his 
county,  if  necessary,  and  pay  the  same  into  the  state 
treasury.  The  principal  shall  at  the  same  time  remit 
a duplicate  of  such  account  to  the  state  auditor,  who 
shall  credit  the  same  to  the  account  of  the  school  and 
charge  it  to  the  proper  county;  provided,  that  if  it 
shall  appear  by  the  affidavit  of  three  disinterested  citi- 
zens of  the  county,  not  of  kin  to  the  pupil,  that  such 
pupil  or  his  parents  would  be  unreasonably  oppressed 
by  such  suit,  then  such  treasurer  shall  not  commence 
such  action,  but  shall  credit  the  same  to  the  state  on  his 
books  and  report  the  amount  of  such  account  to  the 
board  of  county  commissioners  of  his  county,  which 
board  shall  levy  a sufficient  tax  to  pay  the  same  to  the 
state  and  cause  the  same  to  be  paid  into  the  state  treas- 
ury. 

Sec.  963.  TRANSPORTATION  OF  INDIGENT 
PERSONS,  HOW  PAID.— The  board  of  county 
commissioners  shall  order  to  be  paid  the  expenses  of 
transportation  to  and  from  such  institution  of  any  in- 
digent deaf  and  dumb  children  entitled  to  admission 
thereto,  and  they  shall  at  the  time  of  levying  other 
taxes,  levy  a tax  sufficient  to  reimburse  the  county 
therefor.  In  order  to  avoid  long  delay  in  transporting 
indigent  children  to  and  from  the  institution,  the  prin- 
cipal may,  upon  correspondence  with  the  auditor  of 
such  county,  pay  such  transportation  and  forward  to 
such  county  auditor  an  itemized  statement  of  the  ex- 
penses. The  board  of  county  commissioners  shall  or- 
der the  county  treasurer  to  draw  his  warrants  for  such 
amount  in  favor  of  the  principal  of  the  institution, 
who  shall  account  for  such  money  as  provided  by  law. 

Sec.  964.  FACULTY.  DUTIES  OF  PRINCI- 
PAL.— The  officers  of  the  institution  shall  be  a prin- 
cipal and  matron.  The  principal  shall  be  a capable  per- 
son, skilled  in  the  sign  language  and  all  the  methods 
in  use  in  educating  the  deaf,  and  shall  have  knowledge 
of  the  wants  and  requirements  of  the  deaf  in  their 
proper  training  and  instruction.  The  principal  and 
matron  must  reside  at  the  institution.  The  principal 
shall  receive  a salary  of  not  less  than  fifteen  hundred 
dollars  per  annum.  The  principal  shall  annually  make 
to  the  board  of  trustees  a written  report  stating  in  full 


STATE  OF  NORTH  DAKOTA 


151 


the  true  condition  of  the  educational,  the  domestic  and 
the  industrial  departments  of  the  institution  and  his 
action  and  proceedings  therein,  which  report  shall  be 
embraced  in  the  report  of  the  trustees  to  the  governor. 
He  shall  keep  and  have  charge  of  all  necessary  records 
and  registers  of  each  department  and  have  the  super- 
vision of  teachers,  pupils  and  servants  and  perform 
such  other  duties  as  the  board  may  require.  He  may 
recommend  and  with  the  approval  of  the  board  employ 
all  assistants  needed  therein.  He  shall  have  special 
charge  of  the  male  pupils,  out  of  school  hours,  and 
shall  furnish  them  with  employment  about  the  premises 
or  in  some  trade  to  which  they  are  adapted  when  such 
trades  have  been  organized  and  established  at  the  in- 
stitution by  the  trustees  and  provision  for  their  main- 
tenance made  by  the  legislative  assembly.  The  pro- 
ceeds and  products  arising  from  the  labor  and  employ- 
ment of  the  pupils  shall  inure  to  the  use  and  benefit 
of  the  institution. 

Sec.  965.  DUTY  OF  MATRON. — The  matron  of 
the  school  shall  have  control  of  the  internal  arrange- 
ment and  management  of  the  institution  and  of  the 
female  pupils,  out  of  school  hours.  She  shall  instruct 
the  female  pupils  in  the  domestic  arts  or  in  some  trade 
to  which  they  are  adapted,  under  the  direction  of  the 
principal. 

Sec.  966.  BOARD  TO  MAKE  BIENNIAL  RE- 
PORTS.— The  board  of  trustees  shall  on  or  before 
the  fifteenth  day  of  November  preceding  each  regular 
session  of  the  legislative  assembly  make  a full  and 
complete  report  to  the  governor,  showing: 

1.  A statement  of  the  financial  condition  of  the  in- 
stitution from  the  date  of  the  last  report,  giving  in 
detail  the  amount  of  moneys  received  from  all  sources 
and  the  amount  expended. 

2.  The  value  of  real  estate  and  buildings  at  the  date 
of  the  last  report  and  the  cost  of  improvements  made, 
if  any,  since  such  report. 

3.  The  number  of  pupils  in  attendance,  their  names, 
ages,  residences,  and  cause  of  deafness ; also  the  num- 
ber that  have  entered  the  institution,  and  the  number 
of  those  who  have  left  since  the  last  report. 

4.  The  number  and  cause  of  deaths,  if  any,  which 
have  occurred  in  the  institution  since  the  last  report. 

5.  The  improvement,  health  and  discipline  of  the 
pupils. 

6.  The  names  of  the  officers,  teachers  and  servants 
employed. 


Records. 


Employment 
for  pupils. 


Matron- 
duty  of. 


Report  of 
trustees. 


Contents  of. 


152 


GENERAL  SCHOOL  LAWS 


Funds— how 
kept  and  dis- 
posed of. 


Majority  ne- 
cessary to  val- 
id contract. 


Records  open 
to  public. 


Payment 
made  only  on 
order  of  board. 


Services  free. 


7.  All  other  needful  information  touching  such 
matters  as  may  be  deemed  of  interest. 

8.  Such  recommendations  as  may  be  deemed  need- 
ful. 

Sec.  966b.  DISPOSITION  OF  MONEY  ^ RE- 
CEIVED.— All  money  that  shall  arise  from  the  inter- 
est received  on  all  moneys  derived  from  the  sale  of 
lands  hereinbefore  or  that  may  hereafter  be  appro- 
priated for  said  deaf  and  dumb  asylum,  including  all 
money  that  may  be  receved  from  the  renting  of  said 
land  and  all  moneys  that  may  be  hereafter  appropriated 
for  said  deaf  and  dumb  asylum,  by  the  state  of  North 
Dakota,  including  all  money  raised  in  any  other  man- 
ner or  donated  to  said  asylum,  shall  be  deposited  with 
the  state  treasurer  to  be  kept  by  him  in  a separate  fund, 
which  shall  be  known  as  the  deaf  and  dumb  asylum 
fund,  and  be  used  exclusively  for  the  benefit  of  said 
deaf  and  dumb  asylum  as  may  be  herein  or  hereafter 
provided. 

Sec.  966c.  BOOKS  OPEN  TO  INSPECTION.— 
Every  duty  and  contract  to  be  performed  by  said  trus- 
tees must  receive  the  approval  of  the  majority  of  the 
board  in  regular  session  duly  called,  in  order  to  make 
binding  and  valid.  All  proceedings  of  said  board  shall 
be  recorded  in  a book  kept  for  that  purpose,  and  open 
to  the  inspection  of  anybody  on  request. 

Sec.  966d.  ITEMIZED  VOUCHERS.— All  mon- 
eys that  may  come  into  the  treasury  of  the  state  of 
North  Dakota,  and  credited  to  the  deaf  and  dumb 
asylum,  shall  be  paid  out  to  the  persons  entitled  there- 
to, and  the  state  auditor  is  hereby  directed  to  draw  his 
warrant  on  the  funds  in  the  hands  of  the  state  treas- 
urer belonging  to  said  deaf  and  dumb  asylum  upon  the 
written  order  of  the  said  board  of  trustees,  which  or- 
der shall  be  accompanied  by  itemized  vouchers  for  the 
full  amount  of  such  order;  provided,  no  such  order 
shall  be  issued  until  there  is  cash  in  the  treasury  with 
which  to  pay  the  same. 

Sec.  966e. — NO  COMPENSATION. — The  trustees 
shall  receive  no  compensation  for  performing  the  duties 
herein  prescribed.  {This  section  refers  only  to  duties 
included  in  Sections  p66b-p66d,  inclusive.  See  C.  J2 
Laws  ipoi.  See  also  Sec.  PS8.) 


STATE  OF  NORTH  DAKOTA 


153 


Article  G. — Blind  Asylum. 

Sec.  967.  LOCATION  AND  GOVERNMENT. 
— There  is  hereby  established  and  located  at  Bathgate 
in  Pembina  comity,  a blind  asylum,  which  shall  be 
known  by  the  name  of  the  North  Dakota  Blind 
Asylum.  The  government  and  management  of  said 
asylum  is  hereby  vested  in  a board  of  trustees  con- 
sisting of  five  members,  which  shall  be  styled  the 
Board  of  Trustees  of  the  North  Dakota  Blind  Asylum. 
(See  Const.  Sec.  216,  sub.  2.) 

Sec.  968.  TRUSTEES,  HOW  APPOINTED. 
LENGTH  OF  TERM. — The  members  of  the  board 
shall  be  nominated  by  the  governor,  and,  by  and  with 
the  advice  and  consent  of  the  senate,  shall  be  appointed 
on  or  before  the  third  Monday  of  February  of  each 
biennial  session  of  the  legislative  assembly,  for  a period 
of  four  years  from  said  date ; provided,  however,  that 
the  first  board  of  trustees  shall  be  appointed  by  the  gov- 
ernor at  once  upon  the  taking  effect  of  this  article ; pro- 
vided, further,  that  the  terms  of  the  first  board  shall 
be  three  members  for  the  period  of  four  years,  and  two 
members  for  the  period  of  two  years,  the  length  of  the 
term  of  the  respective  trustees  to  be  designated  by  the 
governor  in  making  the  appointments.  Such  appoint- 
ments shall  be  made  by  and  with  the  advice  and  con- 
sent of  the  senate,  when  the  legislative  assembly  is  in 
session ; otherwise,  the  trustees  appointed  shall  qualify 
and  hold  office  until  their  successors  are  appointed  and 
qualified.  The  governor  shall  have  power  to  fill  all 
vacancies  which  may  occur  in  said  board  when  the 
legislative  assembly  is  not  in  session,  and  the  members 
of  said  board  shall  hold  their  office  until  their  succes- 
sors are  appointed  and  qualified  as  provided  herein. 

Sec.  969.  ORGANIZATION  OF  BOARD. 
QUORUM. — The  governor  shall  cause  to  be  issued  to 
each  of  said  trustees  a commission,  which  shall  be  un- 
der the  great  seal  of  the  state.  At  the  first  meeting 
of  said  board  the  members  thereof  shall  take  and  sub- 
scribe the  oath  of  office  required  of  all  civil  officers  and 
shall  then  proceed  to  elect  a president,  secretary  and 
treasurer,  but  the  treasurer  need  not  be  a member  of 
the  board.  A majority  of  the  trustees  shall  constitute 
a quorum  for  the  transaction  of  business.  The  board 
shall  require  a bond  of  its  treasurer  and  fix  the  amount 
thereof.  (See  Appendix  D — Note  32.) 


School  for 
blind,  location 
and  govern- 
ment. 


Trustees— 
how  and 
when  appoint- 
ed . 


Term  of  office. 


Vacancies. 


Qualification 
and  organiza- 
tion of  board. 


Quorum. 

Bond  of 
treasurer. 


154 


GENERAL  SCHOOL  LAWS 


Meetings— 
when,  where, 
number. 


Compensation 


No  funds  to  be 
disbursed  until, 
when. 


Proceeds 
from  land 
grant— how  to 
be  used. 


Care  of  funds. 


Rules  and 
regulations. 


Officers  and 
instructors. 


Sec.  970.  MEETINGS  OF  BOARD.  COMPEN- 
SATION.— The  board  shall  hold  its  meetings  at  Bath- 
gate and  fix  the  time  of  holding  the  same;  provided, 
there  shall  not  be  to  exceed  twelve  regular  meetings 
in  each  year.  The  members  of  the  board  shall  receive 
as  compensation  for  their  services  three  dollars  per  day 
for  each  day  employed,  not  to  exceed  twenty-four  days 
in  any  one  year,  and  five  cents  per  mile  for  each  mile 
actually  and  necessarily  traveled  in  attending  the  meet- 
ings of  the  board,  which  sum  shall  be  paid  out  of  the 
state  treasury  on  the  vouchers  of  said  board ; provided, 
that  until  such  time  as  the  legislative  assembly  shall 
^make  an  appropriation  for  the  construction  and  main- 
tenance of  such  asylum,  or  until  there  shall  be  derived 
from  the  interest  on  the  proceeds  of  sales  of  or  rents 
derived  from  the  thirty  thousand  acres  appropriated 
for  this  asylum,  sufficient  funds  to  construct  and  main- 
tain such  asylum,  the  sum  of  five  thousand  dollars 
the  trustees  appointed  under  this  article  shall  receive 
no  compensation  whatever,  nor  shall  they  issue  their 
warrants  upon  the  state  treasury  for  any  purpose 
whatever. 

Sec.  971.  PROCEEDS  FROM  LAND  GRANT. 
— The  thirty  thousand  acres  of  land  donated  by  con- 
gress for  the  purpose  of  such  blind  asylum  and  appro- 
priated by  the  constitution  of  this  state  therefor,  and 
all  moneys  received  from  the  interest  and  income 
derived  from  the  sales  of  such  lands  or  rents  derived 
from  the  leasing  of  such  lands,  are  hereby  appropriated 
for  the  construction  and  maintenance,  of  said  asylum. 

Sec.  972.  BY-LAWS  AND  RULES  OF  REGU- 
LATION.— The  board  shall  direct  the  disposition  of 
all  moneys  appropriated  by  the  legislative  assembly  or 
the  interest  on  all  moneys  that  may  be  derived  from 
the  sale,  or  the  rent  derived  from  the  leasing  of  land 
donated  by  congress  to  this  state  and  by  the  consti- 
tution of  the  state  appropriated  for  such  asylum,  and 
shall  have  supervision  and  charge  of  the  construction 
of  all  buildings  provided  for  or  authorized  by  law 
for  said  asylum.  Said  board  shall  have  power  to  enact 
by-laws  and  rules  for  the  regulation  of  all  its  concerns 
not  inconsistent  with  the  laws  of  this  state ; to  see  that 
its  affairs  are  conducted  in  accordance  with  the  re- 
quirements of  law  ; to  provide  employment  and  instruc- 
tion for  the  inmates ; to  appoint  a superintendent,  a 
steward,  a matron,  a teacher  or  teachers,  and  such 
other  officers  as  in  its  judgment  the  wants  of  the  in- 
stitution may  require,  and  prescribe  their  duties;  to 


STATE  OF  NORTH  DAKOTA 


155 


exercise  a general  supervision  over  the  institution,  its 
officers  and  inmates,  fix  the  salaries  to  be  paid  to  the 
officers  and  to  order  their  removal  upon  good  cause. 

Sec.  973.  REPORTS,  WHEN  MADE.— The 
board  shall  make  a report  to  the  governor  on  or  before 
the  last  Monday  in  December  next  preceding  each  bien- 
nial session  of  the  legislative  assembly,  containing  a 
financial  statement  showing  the  condition  of  all  funds 
appropriated  for  the  asylum ; also  the  money  expended 
and  the  purpose  for  which  the  same  was  expended 
in  detail ; also  showing  the  condition  of  the  institution 
generally. 

Sec.  973a.  INSTRUCTION  OF  BLIND  CHIL- 
DREN.— Until  otherwise  provided  the  governor  is 
hereby  authorized  to  contract  with  the  state  of  South 
Dakota,  or  with  the  state  of  Minnesota,  for  the  care 
and  instruction  of  blind  children  of  school  age.  and 
shall  authorize  the  state  auditor  to  issue  warrants  up- 
on the  state  treasury  for  that  purpose. 

BLIND  ASYLUM. 

{Chapter  — , Laws  of  ipoj.) 

Section  1.  For  the  purpose  of  erecting  a suit- 
able building  for  the  blind  asylum,  located  at  Bath- 
gate, Pembina  county,  and  for  furnishing  and 
equipping  the  same,  there  is  hereby  appropriated 
out  of  any  funds  in  the  state  treasury,  not  other- 
wise appropriated,  the  sum  of  twenty-five  thousand 
dollars ; provided,  that  before  this  sum  shall  be 
available  for  the  uses  contemplated  herein,  there 
shall  have  been  conveyed  to  the  state  of  North 
Dakota,  by  good  and  sufficient  deed  of  warranty,  at 
least  ten  acres  of  land  at  or  near  Bathgate,  suitable 
for  the  site  of  said  blind  asylum,  said  land  to  be 
conveyed  to  the  state  of  North  Dakota  without 
charge  or  cost  to  said  state  or  said  institution  and 
which  said  site  shall  be  approved  by  the  board 
of  trustees  of  said  blind  asylum,  or  a majority 
thereof. 

Sec.  2.  Upon  the  receipt  and  approval  of  the 
land  mentioned  in  section  1 of  this  act,  the  board 
of  trustees  of  said  blind  asylum  are  authorized  and 
empowersd  to  proceed  to  the  erection  of  a suitable 
building  or  buildings  for  said  blind  asylum,  to  fur- 
nish and  equip  the  same  for  use  and  provide  for 
its  maintenance  and  operation. 


General  super- 
vision. 


Reports — 
when  and  to 
whom  made. 


Governor  to 
contract  with 
other  states 
for  education 
of  blind  chil- 
dren. 


156 


GENERAL  SCHOOL  LAWS 


Sec.  3.  Upon  the  completion  and  equipment  of 
said  blind  asylum,  as  provided  for  herein,  the  board 
of  trustees  of  said  institution  shall  inform  the  gov- 
ernor of  this  state  of  that  fact  and  that  the  said 
asylum  is  ready  to  receive  inmates,  whereupon  the 
governor  shall  cause  the  transfer  to  said  asylum  of 
any  persons  now  being  cared  for  at  other  institu- 
tions, at  the  expense  of  the  state,  and  the  provisions 
of  the  laws  of  this  state,  relative  to  the  expenses 
of  the  care  and  custody  of  the  blind,  shall  apply  to 
the  state  blind  asylum  and  any  appropriations  now 
in  force  for  this  purpose  shall  inure  to  the  benefit 
and  credit  of  the  blind  asylum  at  Bathgate. 

Article  7. — Industrial  School. 


Industrial 
school — ^loca- 
tion and  ob- 
ject. 


Income  from 
land  grant. 


Trustees — 
number. 


How  and 
■v^en  ap- 
pointed. 


Sec.  974.  LOCATION  OF  SCHOOL.— The  in- 
dustrial school  as  established  and  located  at  the  city 
of  Ellendale,  Dickey  county,  North  Dakota,  ‘^hall  con- 
tinue to  be  an  industrial  school  and  a school  for  man- 
ual training,  the  object  of  such  industrial  school  to  be 
instruction  in  the  comprehensive  way  in  wood  and 
iron  work  and  the  various  other  branches  of  manual 
training,  cooking,  sewing,  modeling,  art  work  and 
the  various  other  branches  of  domestic  economy  as  a 
co-ordinate  branch  of  education  together  with  mathe- 
matics, drawing  and  other  necessary  common  school 
studies.  {Sec  Const.  Sec.  216,  Sub.  j.) 

Sec.  975.  ENDOWMENT. — All  proceeds  accumu- 
lating in  the  interest  and  income  fund  arising  from  the 
sale  or  leasing  of  all  lands  granted  or  hereafter  to  be 
granted  by  the  state  of  North  Dakota  or  by  the  consti- 
tution of  the  state  of  North  Dakota  for  the  said  indus- 
trial school,  are  hereby  pledged  for  the  establishment 
and  maintenance  of  said  industrial  school. 

Sec.  976,  MANAGEMENT. — The  management 
and  government  of  such  school  shall  be  vested  in  a 
board  of  trustees,  consisting  of  five  members,  two  of 
whom  shall  be  residents  of  Dickey  county,  to  be 
known  as  the  board  of  trustees  of  the  industrial  school, 
and  to  be  appointed  as  provided  in  this  section.  The 
members  of  the  board  shall  be  nominated  by  the  gov- 
ernor and  by  and  with  the  consent  of  the  senate,  shall 
be  appoited  on  or  before  the  third  Monday  in  February 
of  each  biennial  session  of  the  legislative  assembly, 
for  a period  of  four  years  from  said  date ; provided, 
however,  that  the  first  board  of  trustees  shall  be  ap-' 
pointed  by  the  governor  at  once  upon  the  taking  effect 


STATE  OF  NORTH  DAKOTA 


157 


of  this  article,  and  provided,  further  that  the  term  of 
the  first  board  shall  be,  three  members  for  a period  of 
four  years  and  two  members  for  a period  of  two  years 
the  the  length  of  the  term  of  the  respective  trustees  to 
be  designated  by  the  governor  in  making  the  appoint- 
ments. Such  appointments  shall  be  made  by  and  with 
the  consent  of  the  senate,  when  the  legislative  assem- 
bly is  in  session,  otherwise  the  trustees  appointed  shall 
qualify  and  hold  office  until  their  successors  are  ap- 
pointed and  qualified.  The  governor  shall  have  power 
to  fill  all  vacancies  which  may  occur  in  said  board  when 
the  legislative  assembly  is  not  in  session,  and  the  mem- 
bers of  said  board  shall  hold  their  office  until  their  suc- 
cessors are  appointed  and  qualified  as  provided  herein. 

Sec.  977.  MEETINGS  OE  BOARD.  COM- 
PENSATION.— The  board  shall  hold  its  meetings  at 
the  city  of  Ellendale,  in  Dickey  county,  and  fix  the  time 
for  holding  the  same.  They  shall  not  hold  to  exceed 
six  regular  meetings  each  year;  provided,  that  the 
president  of  the  board  shall  have  power  to  call  special 
meetings,  whenever  in  his  judgment  it  becomes  neces- 
sary. At  their  first  meeting  they  shall  proceed  to  elect  a 
president  and  a secretary,  but  the  secretary  need  not  be 
a member  of  the  board  of  trustees,  and  at  said  meeting 
they  shall  adopt  a seal  for  said  state  industrial  school. 
A majority  of  the  board  shall  be  a quorum.  Each 
trustee  and  the  secretary  shall  receive  three  dollars  per 
day  for  each  day  necessarily  employed  in  attendance 
upon  sessions  of  the  board,  and  five  cents  per  mile  for 
each  mile  necessarily  traveled,  to  be  paid  on  presenta- 
tion of  proper  vouchers  containing  an  itemized  state- 
ment of  the  number  of  days  in  attendance  and  miles 
actually  traveled  as  above  provided,  duly  verified  by 
his  oath  and  approved  by  the  president  and  secretary  of 
the  board,  and  the  state  auditor  shall  audit  such  claims 
and  draw  his  warrants  upon  the  state  treasurer  for  the 
amounts  so  allowed. 

Sec.  978.  OATH.  BOND.  PLANS  AND 
SPECIFICATIONS — Before  entering  upon  the  duties 
of  his  office  each  member  of  said  board  of  trustees 
shall  take  and  subscribe  an  oath  as  follows ; *T  do  sol- 
emnly swear  that  I will  support  the  constitution  of  the 
United  States  and  the  constitution  of  the  state  of  North 
Dakota  and  will  faithfully  discharge  the  duties  of  board 
of  trustees  of  the  state  industrial  school  according  to 
the  best  of  my  ability*'  that  I have  not  received  and  will 
not  knowingly  and  intentionally,  directly  or  indirectly 
receive  any  money  or  other  consideration  from  any 


Term  of  office. 


Vacancies. 


Meetings— 
when,  where, 
number. 


Organization. 

Quorum. 

Compensation. 


Oath. 


158 


GENERAL  SCHOOL  LAWS 


Bond. 


Plans  and 
specifications, 
for  building. 


Architect  to 
superintend 
construction. 


Proposals  for 
building. 


source  whatever  for  any  vote  or  influence  I may  give 
or  withhold  or  for  any  other  official  act  I may  perform 
as  such  trustee,  except  as  herein  provided.”  He 
shall  also  execute  a bond  in  the  penal  sum  of  three 
thousand  dollars,  for  the  use  and  benefit  of  the  state  of 
North  Dakota,  with  two  or  more  good  and  sufficient 
sureties  to  be  approved  by  the  governor,  and  be  filed 
with  the  secretary  of  state,  conditioned  upon  the  faith- 
ful performance  of  his  duties  and  the  honest  and  faith- 
ful disbursement  of  and  accounting  for  all  moneys 
which  may  come  into  his  hands  under  the  provisions  of 
this  article.  The  members  of  said  board  having  taken 
the  foregoing  oath  and  executed  the  bond  as  aforesaid 
are  hereby  empowered  and  required  to  cause  to  be 
prepared  suitable  plans  and  specifications  by  a compe- 
tent architect.  Such  plans  shall  contemplate  the  erec- 
tion of  a building  or  buildings  which  will 
accommodate  not  less  than  one  hundred  nor 
more  than  five  hundred  students,  and  shall 

be  accompanied  by  specifications  and  by  a detailed 
estimate  of  the  amount  required  and  description  of  all 
material  and  labor  required  for  the  erection  and  full 
completion  of  the  building  or  buildings ; and  no  plan 
shall  be  adopted  that  contemplates  the  expenditure  of 
more  money  for  its  completion  than  the  amount  reason- 
ably necessary  to  carry  out  the  object  of  said  institution. 

Sec.  979.'  SUPERINTENDENT  OE  CON- 
STUCTION.  PROPOSALS  EOR  BUILDING.— 
The  said  board  of  trustees  shall  employ  the  architect 
whose  plans  and  specifications  are  accepted  to  act  as 
superintendent  of  construction,  who  shall  receive  for 
such  plans  and  specifications  and  for  superintending 
construction  such  pay  as  the  board  by  agreement  shall 
determine ; which  pay  shall  not  exceed  an  amount  equal 
to  five  per  cent  of  the  estimated  cost  of  said  building. 
Whenever  the  said  plans  and  specifications  shall  have 
been  approved  and  adopted  by  a majority  of  the  board 
of  trustees  they  shall  cause  to  be  inserted  in  at  least  two 
of  the  daily  newspapers  published  in  the  state  of  North 
Dakota,  and  having  a general  circulation  therein  an  ad- 
vertisement for  sealed  bids  for  the  construction  of  the 
buildings  herein  authorized,  and  they  shall  furnish  a 
printed  copy  of  this  article,  and  a copy  of  the  plans  and 
specifications  to  any  person  or  persons  apply- 
ing therefor ; provided,  said  trustees  may  ad- 
vertise as  aforesaid  whenever  there  shall  be 
a sufficient  amount  of  money  to  the  credit  of 
said  industrial  school  with  which  to  construct  all  or 


STATE  OF  NORTH  DAKOTA 


159 


any  part  thereof  deemed  expedient  by  said  trustees  to 
erect  or  construct ; provided,  further,  that  said  building 
or  buildings  shall  be  erected  on  the  piece  or  parcel  of 
land  at  or  near  the  city  of  Ellendale,  in  Dickey  county, 
donated  by  the  citizens  of  said  city,  and  now  held  in  fee 
simple  by  the  state  of  North  Dakota.  No  trustees  or 
officers  of  said  industrial  school  shall  be  in  any  way 
interested  in  any  contract  for  the  erection  of  said  build- 
ing or  buildings  or  furnishing  any  material  for  said 
buildings,  and  if  any  such  officer  be  so  interested  he 
shall  be  deemed  guilty  of  a misdemeanor  and  on  con- 
viction be  fined  in  any  sum  not  exceeding  five  thous- 
and dollars. 

Sec.  980.  BONDS.  INTEREST.— To  provide 
for  the  erection  and  maintenance  of  said  state  industrial 
school  the  said  board  of  trustees  may  issue  bonds  for 
such  sum  or  sums  of  money  as  can  be 

actually  used  in  the  construction  of  perma- 
nent buildings  and  other  needed  and  neces- 
sary improvements  to  be  made  for  the  maintenance 
of  said  state  industrial  school  not  exceeding  the  sum  of 
fifteen  thousand  dollars ; said  bonds  shall  be  in  denomi- 
nations of  one  thousand  dollars  each,  and  be  made  pay- 
able to  the  purchaser  or  bearer,  be  payable  in  not  less 
than  ten  years  or  more  than  thirty  years  from  the  date 
of  their  issue  and  bear  interest  at  a rate  not  exceeding 
five  per  cent  per  annum,  payable  semi-annually  on  the 
first  of  January  and  July  of  each  year,  with  coupons 
attached  for  each  interest  payment,  and  they  may  be 
made  payable  anywhere  in  the  United  States.  Such 
bonds  shall  be  executed  under  the  seal  of  the  board  of 
trustees  of  the  state  industrial  school,  shall  be  attested 
by  the  president  and  secretary  of  said  board,  and  when 
executed  shall  be  delivered  to  the  state  treasurer.  The 
treasurer  shall  receive  sealed  proposals  for  the  purchase 
of  the  same  and  shall  give  public  notice  of  the  sale  for  at 
least  thirty  days  preceding  such  sale  in  two  or  more 
newspapers  of  general  circulation,  one  of  which  shall 
be  published  in  the  city  of  New  York,  giving  date  of 
such  sale,  and  such  bonds  shall  be  sold  to  the  highest 
bidder  for  cash.  Said  bonds  and  interest  shall  be  paid 
from  the  interest  and  income  fund  belonging  to  the 
state  industrial  school,  to  be  accumulated  from  the  sale 
of  lands  hereinbefore  appropriated,  or  from  the  rental 
of  such  lands ; provided,  that  if  at  any  time  there  shall 
not  be  sufficient  money  in  such  fund  to  pay  such  inter- 
est, there  is  hereby  appropriated  out  of  the  state  treas- 
ury from  funds  not  otherwise  appropriated,  a.  sum 


Where  to  be 
erected. 


Who  not  to  be 
interested  in 
contracts. 


Penalty. 


Bonds  for 
erection  and 
maintenance. 


Description. 


Execution  of 


Negotiation. 


Payment. 


160 


GENERAL  SCHOOL  LAWS 


Sinking  fund. 


State  treas- 
urer custodian 
of  funds. 


How  kept. 


Audit  of  ac- 
counts. 


Disposition  Of 
funds— kow 
directed. 


Gifts,  dona- 
tions, etc. 


Instructional 

force. 


faculty, 

powers. 


sufficient  to  meet  the  deficiency  for  the  payment  of 
such  interest;  provided,  further,  that  a sufficient 
amount  of  the  funds  accumulating  in  the  interest  and 
income  fund  of  the  state  industrial  school  shall  be 
used  and  applied  solely  for  the  payment  of  the  inter- 
est on  such  bonds,  and  for  the  creation  of  a sinking 
fund  with  which  to  pay  such  bonds  at  maturity. 

Sec.  981.  TREASURER  TO  KEEP  EUNDS. 
ACCOUNTS,  HOW  AUDITED.— All  moneys  that 
may  accure  from  the  interest  and  income  derived  from 
the  renting  and  sale  of  lands  hereinbefore  appropriated 
and  all  moneys  that  may  hereafter  be  appropriated 
by  the  legislative  assembly  of  North  Dakota  including 
all  moneys  raised  in  any  other  manner  for  said  school 
shall  be  deposited  with  the  state  treasurer,  to  be  by 
him  kept  in  a separate  fund,  which  shall  be  known 
as  the  state  industrial  school  fund ; and  such  funds 
shall  be  used  exclusively  for  the  benefit  of  said  school 
as  may  be  herein  or  hereafter  provided.  The  board 
of  trustees  of  the  state  industrial  school  shall  audit  all 
accounts  against  the  funds  appropriated  by  the  legis- 
lative assembly  of  the  state  of  North  Dakota,  or  held 
by  the  state  for  the  use  of  the  state  industrial  school, 
and  the  state  auditor  shall  issue  his  warrant  upon  the 
state  treasurer  for  the  amount  of  all  accounts  which  have 
been  so  audited  and  allowed  by  the  board  of  trustees 
and  attested  by  the  president  and  secretary  of  said 
board.  The  board  of  trustees  of  the  state  industrial 
school  shall  direct  the  disposition  of  all  moneys  ap- 
propriated, or  that  may  hereafter  be  appropriated  by 
the  legislative  assembly  of  the  state  of  North  Dakota, 
or  may  hereafter  accumulate  in  any  manner  in  the 
state  industrial  school  fund.  The  board  shall  have  the 
power  to  receive  all  donations,  gifts  and  bequests 
that  may  be  offered  or  tendered  to  or  for  the  benefit 
of  such  school,  and  dispose  of  the  same.  All  monejs 
coming  into  the  hands  of  such  board  shall  be  immedi- 
ately covered  into  the  state  treasury  to  the  credit  of 
the  state  industrial  school  fund. 

Sec.  982.  EACULTY. — The  board  of  trustees  shall 
have  power  to  employ  a president  and  necessary  teach- 
ers, instructors  and  assistants  to  conduct  such  school, 
and  to  prescribe  their  respective  duties  and  to  fix  the 
salaries  of  such  employes.  They  shall  have  power  to 
remove  the  president,  instructors  and  assistants  and  to 
fill  all  vacancies.  The  faculty  shall  consist  of  the 
president,  teachers  and  instructors,  and  it  shall  pass 
all  needful  rules  and  regulations  for  the  government 


STATE  OF  NORTH  DAKOTA 


161 


and  discipline  of  the  school  and  all  such  rules  and 
regulations  as  are  necessary  for  the  preservation  of 
morals,  decorum  and  health. 

Sec.  983.  REPORTS. — The  faculty  shall  make  an 
annual  report  to  the  board  of  trustees  on  or  before  the 
first  Monday  of  November  of  each  year,  showing  the 
condition  of  the  school  and  containing  such  recom- 
mendations as  the  welfare  of  the  institution  shall 
demand.  The  board  of  trustees  shall  make  a report 
to  the  governor  on  or  before  the  fifteenth  day  of 
November  next  preceding  each  biennial  session  of  the 
legislative  assembly,  containing  the  several  reports  of 
the  faculty  herein  provided  for,  and  showing  the  con- 
dition of  the  funds  appropriated  for  the  school,  the 
money  expended  and  the  purpose  for  which  the  same 
was  expended  in  detail,  and  showing  the  number  of 
students  in  attendance,  the  work  accomplished  by  them, 
and  the  condition  of  the  school  in  general. 

Article  10. — School  of  Forestry. 

Sec.  1020g.  SCHOOL  OF  FORESTRY.  LO- 
CATED.— A state  school  of  forestry,  to  be  known  as 
the  North  Dakota  school  of  forestry,  the  special  object 
of  which  shall  be  instruction  in  such  arts  and  sciences 
as  shall  hereafter  be  determined  by  the  board  of 
directors,  and  especially  in  the  art  and  science  of  forest 
culture,  and  which  shall  embrace  a preparatory  depart- 
ment, where  all  the  various  branches  shall  be  taught 
pretaining  to  a good  common  school  education,  is 
located  at  Bottineau,  in  the  county  of  Bottineau,  state 
of  North  Dakota,  by  virtue  of  the  vote  taken  thereon 
according  to  law.  (See  Const.  Sec.  216,  Sub.  4.) 

Sec.  1020h.  MANAGEMENT. — The  said  school 
shall  be  under  the  direction  of  a board  of  directors, 
and  shall  be  governed  and  supported  as  hereinafter 
provided.  The  board  of  directors  shall  consist  of 
three  members,  to  be  appointed  by  the  governor  with 
the  consent  and  advice  of  the  senate,  two  of  whom  shall 
be  appointed  for  the  term  of  two  years  and  one  for  a 
term  of  four  years.  Thereafter  and  at  each  biennial 
session  of  the  legislative  assembly,  and  on  or  before 
the  third  Monday  in  February  during  each  session, 
there  shall  be  nominated  by  the  governor,  and  by  and 
with  the  advice  and  consent  of  the  senate,  appointed 
for  the  term  of  four  years,  commencing  on  the  first 
Tuesday  in  April  following  such  appointment,  directors 
to  fill  vacancies  occurring  by  the  expiration  of  the  term 
of  office  of  those  previously  appointed.  The  governor 


Reports,  when 
by  and  to  whom 


School  of  For- 
estry. 


Object. 


Course  of 
study. 


Location. 


Directors. 


Appoiintment. 
and  term. 


School  Laws— 11 


162 


GENERAL  SCHOOL  LAWS 


Vacancies. 


Oath. 


Organization. 


Quorum, 


Meetings— 
when,  where, 
number. 


Compensation. 


Special  meet- 
ings. 


Audit  of  ac- 
counts. 


Report  of 
Directors. 


shall  have  power  to  fill  all  vacancies  in  said  board 
which  may  occur  when  the  legislative  assembly  is  not 
in  session,  and  the  members  of  said  board  shall  hold 
office  until  their  successors  are  appointed  and  qualified 
as  provided  by  this  article;  provided,  further,  that  it 
all  cases  where  the  governor  has  made  an  appointment 
to  fill  a vacancy  when  the  legislative  assembly  is  not  in 
session  the  term  of  office  of  the  director  or  directors 
so  appointed  shall  expfre  on  the  first  Tuesday  in  April 
following  the  next  session  of  the  legislative  assembly. 

Sec.  1021i.  COMMISSION.  OATH.  OR- 
GANIZATION.— The  governor  shall  cause  to  be 
issued  to  each  of  said’  directors,  a commission 
which  shall  be  under  the  seal  of  the  state.  At  the  first 
meeting  of  said  board  the  members  thereof  shall  take 
and  subscribe  the  oath  of  office  required  of  all  civil 
officers  of  the  state,  and  shall  then  proceed  to  elect  a 
president,  secretary  and  treasurer,  but  the  treasurer 
shall  not  be  a member  of  said  board  of  directors. 
majority  of  said  board  shall  be  a quorum  for  the  trans- 
action of  business.  The  board  shall  require  a bond 
of  its  treasurer,  and  fix  the  amount  thereof.  (See 
Appendix  D. — Note  ?a) 

Sec.  1020j.  MEETINGS.  COMPENSATION.— 
The  board  of  directors  shall  hold  its  meetings  at 
Bottineau  and  fix  the  time  of  holding  the  same;  pro- 
vided, there  shall  not  exceed  three  regular  meetings 
in  each  year.  The  members  shall  receive  as  compen- 
sation for  their  services  three  dollars  per  day 
for  each  day  employed,  and  all  traveling  ex- 
penses necessarily  incurred  therein,  which  sum 
shall  be  paid  out  of  the  state  treasury 
upon  vouchers  of  said  board  duly  certified  by 
the  president  and  secretary  thereof,  which  sum  is 
hereby  appropriated  therefor.  The  president  of  said 
board  shall  have  power  to  call  special  meetings  when- 
ever in  his  judgment  it  becomes  necessary. 

Sec.  1020k.  ACCOUNTS,  HOW  AUDITED.— 
The  board  shall  audit  all  accounts  against  the  funds  ap- 
propriated by  the  legislative  assembly  of  the  state  of 
North  Dakota,  or  held  by  the  state  for  the  use  of  the 
school  of  forestry,  and  the  state  auditor  shall  issue  his 
warrants  upon  the  state  treasurer  for  the  amount  of  all 
accounts  which  shall  have  been  so  audited  and  allowed 
by  the  board  of  directors  and  attested  by  the  president 
and  secretary  of  the  same. 

Sec.  10201.  REPORT. — The  board  of  directors 
shall  make  a report  to  the  governor  on  or  before  the 


STATE  OF  NORTH  DAKOTA 


163 


first  Monday  in  December  next  preceding  each  biennial 
session  of  the  legislative  assembly,  to  be  published  in 
the  biennial  report  of  the  superintendent  of  public 
instruction,  in  addition  to  the  other  publication  as 
provided  by  law. 

STATE  REFORM  SCHOOL. 

{Chapter  173,  Laws  igoi.) 

Sec.  1.  STATE  REFORM  SCHOOL.  EREC- 
TION OF  BUILDINGS. — To  provide  for  the  erection 
of  necessary  buildings,  their  proper  equipment,  and  for 
the  establishment  of  the  state  reform  school  at  Mandan, 
North  Dakota,  the  board  of  trustees  of  the  said  state 
reform  school  may  issue  bonds  for  such  sum  or  sums 
of  money  as  can  be  actually  used  in  the  construction  of 
permanent  buildings  and  necessary  furnishing  and 
other  necessary  improvements,  to  be  made  for  the 
establishment  and  maintenance  of  said  state  reform 
school,  not  exceeding  the  sum  of  $20,000 ; §aid  bonds 
shall  be  in  denominations  of  $1,000  each,  and  shall 
bear  interest  at  a rate  not  exceeding  six  per  centum 
per  annum,  and  shall  be  payable  in  twenty  years  from 
the  date  of  issue,  from  the  interest  and  income  fund 
accumulating  from  the  sale,  rental,  or  lease  of  lands 
donated  to  the  said  state  reform  school  by  section  17  of 
the  Enabling  Act  for  the  admission  of  North  Dakota, 
South  Dakota,  Montana  and  Washington,  approved 
February  22,  1889,  and  confirmed  by  article  19, 
section  215,  of  the  constitution  of  North  Dakota,  or 
from  the  rental  or  lease  of  said  lands.  The  interest  on 
such  bonds  shall  be  paid  annually  on  the  first  day  of 
January  of  each  year,  and  shall  be  payable  from  the 
interest  and  income  accumulating  from  the  sale,  rental 
or  lease  of  lands  apportioned  to  the  institutions ; pro- 
vided, if  at  any  time  there  shall  not  be  sufficient  money 
to  pay  such  interest,  there  is  hereby  appropriated  out 
of  the  state  treasury,  out  of  funds  not  otherwise  appro- 
priated, a sum  sufficient  to  meet  such  interest;  pro- 
vided, further,  that  a sufficient  amount  of  funds  accum- 
ulating in  the  interest  and  income  fund  for  sale  or 
rental  of  land  or  lands  appropriated  to  the  state  reform 
school,  shall  be  used  and  applied  solely  for  the  payment 
of  interest  on  such  bonds  and  for  the  creation  of  a 
sinking  fund  Vv^ith  which  to  pay  such  bonds  at  maturity. 

Sec.  2.  MONEYS.  TO  BE  DEPOSITED  WITH 
STATE  TREASURER. — All  moneys  that  may  arise 
or  be  derived  from  the  sale,  rental  or  lease  of  lands 


Reform  school 
buildings  and 
equipment, 
bonds  for. 


Description. 


Interest. 


Deposit  of 
funds. 


164 


GENERAL  SCHOOL  LAWS 


History. 


appropriated  to  the  state  reform  school  shall  be 
deposited  with  the  state  treasurer,  to  be  used  exclusive- 
ly for  the  benefit  of  said  state  reform  school. 

INSTITUTION  FOR  THE  FEEBLE  MINDED. 

{Chapter  io8,  Laws  of  ipoj.) 

The  congress  of  the  United  States,  having  by  certain 
acts  provided  for  the  erection  of  a penitentiary  within 
that  part  of  the  territory  of  Dakota  which  became  the 
state  of  South  Dakota,  did,  by  an  Act  approved  Sep- 
tember 30,  1890,  appropriate  the  sum  of  thirty  thou- 
sand dollars  for  the  purpose  of  purchasing  forty  acres 
at  or  near  the  city  of  Grafton,  in  the  county  of  Walsh, 
and  the  erection  thereon  of  a penitentiary.  Subsequent- 
Iv,  and  by  an  act  approved  August  18,  1894,  congress 
provided.  “That  the  secretary  of  the  treasury  be,  and 
he  is  hereby  directed  to  pay  to  the  treasurer  of  the  state 
of  North  Dakota,  the  unexpended  balance  of  thirty 
thousand  dollars  appropriated  by  ‘An  act  of  congress 
making  appropriations  * * approved  September 
30,  1890,  for  the  construction  * * of  a penitentiary 
building  in  the  state  of  North  Dakota,  upon  such  tract 
or  parcel  of  land,  at  or  near  the  city  of  Grafton,  in  the 
county  of  Walsh,  as  should  be  designated  by  the  secre- 
tary of  the  interior,  said  unexpended  balance  to  be  used 
by  the  state  of  North  Dakota  for  the  erection  of  an 
institution  for  the  feeble  minded,  upon  the  tract  or 
parcel  of  land  designated  and  secured  by  the  secretary 
of  the  interior  for  the  site  of  the  penitentiary  building 
provided  for  in  said  act,  and  when  the  said  sum,  so  to 
be  paid  the  treasurer  of  the  state  of  North  Dakota, 
shall  have  been  expended  by  said  state  in  the  erection 
of  an  institution  for  the  feeble  minded,  the  secretary  of 
the  interior  is  hereby  directed  to  release  and  convey 
to  said  state  of  North  Dakota  the  title  of  the  United 
States  in  and  to  the  parcel  of  land  upon  which  said 
building  shall  have  been  erected,  including  all  interest 
in  said  building,  and  the  money  so  paid  to  the  treasurer 
of  the  state  of  North  Dakota  shall  be  in  full  settlement 
of  all  claims  of  said  state  under  section  15  of  the  act 
approved  February  22,  1889,  entitled  ‘An  act  to  pro- 
vide for  the  division  of  Dakota  into  two  states,  and  to 
enable  the  people  of  North  Dakota,  South  Dakota, 
Montana  and  Washington  to  form  constitutions  and 
state  governments,  and  to  be  admitted  into  the  union 
on  an  equal  footing  with  the  original  states,  and  to 
make  donations  of  public  lands  to  said  states.’  ” {28 

U.  S.  Statues  at  Large  415-) 


STATE  OF  NORTH  DAKOTA 


165 


Whereas,  the  balance  of  said  sum  of  thirty  thousand 
dollars  so  appropriated  has  been  paid  to  the  treasurer 
of  the  state  of  North  Dakota,  and  is  now  held  subject 
to  the  use  provided  for  in  said  act ; therefore,  (here  fol- 
lows chapter  36,  laws  of  1901,' which  has  been  amended 
by  chapter  108,  laws  of  1903,  to  read  as  follows)  : 

Sec.  1.  LOCATION. — There  shall  be  located  and 
permanently  maintained  at  or  near  the  city  of  Grafton, 
in  the  county  of  Walsh,  an  institution  for  the  feeble 
minded,  upon  the  grounds  conveyed  by  the  United 
States  of  America  to  the  state  of  North  Dakota  for 
that  purpose,  to  be  known  and  designated  as  “The 
Institution  for  Feeble  Minded.”  {See  Amendment , 
post. ) 

Sec.  2.  BOARD  OF  TRUSTEES.— The  said 
institution  shall  be  controlled  by  a board  of  five  trus- 
tees who  shall  be  appointed  by  the  governor,  by  and 
with  the  advice  and  consent  of  the  senate,  for  the 
term  of  four  years  each,  and  until  their  successors 
are  appointed  and  qualified;  provided,  however,  that 
of  the  first  board  of  trustees  appointed  under  this 
act,  three  shall  be  appointed  for  the  term  of  four  years, 
and  the  other  two  for  the  term  of  two  years.  All 
vacancies  occurring  in  said  board  shall  be  filled  by 
appointment  in  like  manner  as  aforesaid  to  fill  the  unex- 
pired term. 

Sec.  3.  TERM  OF  OFFICE. — Such  board  of  trus- 
tees shall  annually  elect  from  among  their  number 
a president  and  a secretary,  who  shall  hold  office  for 
two  years  and  until  their  successors  are  chosen  and 
qualified.  Three  of  said' trustees  shall  constitute  a 
quorum,  and  shall  meet  annually  in  the  month  of  April 
and  as  often  thereafter  as  may  be  deemed  necessary 
for  the  proper  transaction  of  business,  upon  the  call  of 
the  president  or  secretary. 

Sec.  4.  DUTIES— Said  trustees  shall  have  the  general 
management  and  superintendency  of  said  institution; 
shall  prescribe  all  rules  and  regulations  for  the  govern- 
ment thereof ; and  the  admission  of  pupils  thereto,  and 
generally  perform  all  acts  necessary  to  render  the  said 
institution  efficient  for  the  purposes  for  which  the  same 
is  established,  to- wit : For  the  relief  and  instruction 

of  the  feeble  minded  and  for  the  care  and  custody  of 
epileptic  and  idiotic  of  the  state,  and  they  may  intro- 
duce and  establish  such  trades  and  manual  industries 
as  in  their  judgment  will  best  train  their  pupils  for 
future  self-support. 


At  Grafton. 


Trustees, — 
appointment 
and  term  of. 


Vacancies. 


/Officers,  elec- 
tion and  term. 


Quorum. 

Meetings. 


Powers  and 
duties  of 
trustees. 


166 


GENERAL  SCHOOL  LAWS 


Superintendent 


Other  officers. 


Pupils— who 
may  become. 


Duty  of 
friends. 


Officers  of  the 
board— duties 
of. 


Secretary. 


Treasurer. 


Clothing:  fur- 
nished when. 


Procedure. 


Sec.  5.  APPOINTMENT  OF  SUPERINTEND- 
ENT.— Such  board  shall  appoint  a superintendent  of 
said  institution,  who  shall  be  a physician  skilled  in 
caring  for,  and  in  instructing  the  class  of  unfortunates 
to  be  provided  for  by  this  act.  Such  superintendent 
shall  name  all  the  subordinate  officers,  and  such  nom- 
inations shall  be  confirmed  or  rejected  by  the  board. 

Sec.  6.  WHO  ADMITTED.— All  feeble  minded 
persons  residents  of  this  state,  who,  in  the  opinion  of 
the  superintendent,  are  of  suitable  age  and  capacity  to 
receive  instruction  in  this  instituiton,  and  whose  de- 
fects prevent  them  from  receiving  proper  training  in 
the  public  schools  of  the  state,  and  all  idiotic  and  epi- 
leptic persons  residents  of  this  state  may  be  admitted 
to  and  receive  the  benefits  of  this  institution  free  of 
charge,  subject  to  such  rules  and  regulations  as  may 
be  made  by  the  board  of  trustees;  and  they  shall  be 
provided  by  their  friends,  relatives,  or  the  county  from 
which  they  come,  sufficient  funds  to  furnish  them  with 
proper  clothing  and  transportation. 

Sec.  7.  DUTIES  OF  OFFICERS.— The  president 
shall  preside  at  all  meetings  of  the  board,  when  pres- 
ent, and  in  his  absence  a president  pro  tempore  may 
be  chosen  to  perform  the  duties  of  president.  He 
shall  sign  all  contracts  on  behalf  of  the  board  and  all 
orders  upon  the  treasurer.  The  secretary  shall  coun- 
tersign all  contracts  and  orders  upon  the  treasurer 
and  shall  keep  a correct  report  of  the  proceedings  of 
the  board,  and  shall  have  charge  in  trust  for  the  insti- 
tution of  all  papers  and  record  of  the  same.  Such 
board  shall  appoint  a treasurer  who  may  or  may  not 
be  one  of  their  number,  as  they  deem  best,  as  pro- 
vided in  section  310  of  the  revised  codes  of  1899. 

Sec.  8.  {Amended.)  SUPERINTENDENT  TO 
FURNISH  CLOTHING. — When  the  pupils  of  such 
institution  are  not  otherwise  provided  or  supplied 
with  suitable  clothing,  or  the  necessary  transporta- 
tion, they  shall  be  furnished  therewith  by  the  super- 
intendent, who  shall  make  out  an  account  thereof  in 
each  case  against  the  county  from  which  the  pupil 
shall  have  come,  which  account  shall  state  the  name 
of  the  pupil  for  whom  the  same  is  furnished  and  shall 
be  certified  to  be  correct  by  the  superintendent  and 
when  so  certified  shall  be  presumed  to  be  correct  in 
all  the  courts.  The  superintendent  shall  thereupon 
transmit  such  account  by  mail  to  the  auditor  of  the 
proper  county,  and  the  auditor  of  such  county  shall 


STATE  OF  NORTFI  DAKOTA 


167 


present  the  same  to  the  county  commissioners  of  said 
county  at  their  next  meeting  after  its  receipt  by  him, 
who  shall  thereupon  audit  and  allow  the  same,  and 
charge  it  to  the  general  fund  of  the  county,  and  there- 
upon there  shall  arise  in  favor  of  said  county  a right 
of  action  for  the  amount  so  paid  as  against  the  par- 
ent or  guardian,  if  the  pupil  be  a minor,  and  against 
the  pupil  if  he  or  she  has  no  parent  or  guardian  or 
has  attained  the  age  of  majority,  w^hich  may  be  en- 
forced by  civil  action  at  the  election  of  the  board  of 
county  commissioners.  The  superintendent  shall  ren- 
der to  the  board  of  trustees  biennially,  or  oftener  if 
required,  an  itemized  statement  of  such  funds. 

Sec.  9.  DUTIES  OF  COUNTY  COMMISSION- 
ERS.— The  board  of  county  commissioners  shall  or- 
der to  be  paid  the  expenses  of  transportation  to  and 
from  such  institution  of  any  indigent  feeble  minded 
children  entitled  to  admission  thereto,  and  they  shall,  at 
the  time  of  levying  other  taxes,  levy  a sufficient  tax  to 
reimburse  the  county  therefor.  In  order  to  avoid  long 
delay  in  transporting  indigent  children  to  and  from 
the  institution,  the  superintendent  may,  upon  corre- 
spondence with  the  auditor  of  such  county,  pay  such 
transportation  and  forward  to  such  county  auditor  an 
itemized  statement  of  the  expenses.  The  board  of 
county  cornmissioners  shall  order  the  county  treasurer 
to  draw  his  warrant  for  such  amount  in  favor  of  the 
superintendent  of  such  institution,  who  shall  account 
for  such  money  as  provided  by  law. 

Sec.  10.  DUTIES  OF  TRUSTEES. — The  board 
of  trustees  shall  take  and  hold  in  trust  for  said  institu- 
tion all  lands  and  property  hereafter  granted,  given, 
devised  or  conveyed  to  the  institution  for  feeble  mind- 
ed, to  be  applied  and  used  at  Grafton  aforesaid,  and 
any  moneys,  ^ now  or  hereafter,  appropriated  or  en- 
trusted to  said  institution  may  be  drawn  at  any  time 
from,  the  state  treasury  upon  the  order  of  the  board  of 
trustees,  on  the  presentation  of  proper  vouchers  to  the 
state  auditor. 

Sec.  11.  OFFICERS  TO  REPORT.  WHEN.— 
On  or  before  the  first  day  of  November,  1904,  and 
biennially  thereafter,  or  oftener  if  required,  the  super- 
intendent, secretary  and  treasurer  shall  render  to  the 
board  of  trustees  full  and  complete  reports,  accom- 
panied by  such  recommendations  as  may  seem  to  them 
wise  and  proper,  and  biennially,  and  on  or  before  the 
first  day  of  December,  preceding  the  regular  sessions 


County  com- 
missioners— 
duties  of  as  to 
Indigent  pupils 


Powar  of  trus- 
tees over  prop- 
erty. 


Reports— by 
and  to  whom— 
when. 


168 


GENERAL  SCHOOL  LAWS 


Compensatiou 
of  trustees. 


Secretary. 


Repeal  of  for- 
mer act. 


Tax  levy  for 
support  of 
state  schools. 


of  the  legislature,  said  board  of  trustees  shall  furnish 
the  governor  a printed  report  of  said  institution  for  the 
two  years  ending  on  the  preceding  June  30th.  Said 
report  shall  contain  such  matters  as  are  of  interest 
to  the  institution,  with  reports  of  the  superintendent, 
such  as  is  common  from  like  institutions  ; with  a de- 
tailed statement  of  the  disbursements.  The  state  au- 
thorities shall  print  and  deliver  to  the  proper  officers 
for  the  use  of  the  legislature  and  state  officers,  five 
copies  for  each,  and  shall  deliver  to  the  officers  of  such 
institution  the  number  estimated  by  them  to  be  neces- 
sary for  the  use  thereof,  not  to  exceed  five  to  each 
member  enrolled  therein. 

Sec.  12.  (Amended.)  COMPENSATION.— 
Each  member  of  the  board  shall  receive  as  full  com- 
pensation for  his  services  as  such  trustee,  three  dol- 
lars per  day  for  each  day  necessarily  and  actually  em- 
ployed in  his  duties  as  such  trustee,  together  with  five 
cents  per  mile  for  every  actual  and  necessary  mile 
traveled  in  going  to  and  returning  from  the  place  of 
meeting  of  said  board ; provided,  however,  that  the 
secretary  and  treasurer  shall  each  receive  for  his 
service  annually  a sum  not  to  exceed  fifty  dollars,  as 
may  be  allowed  by  the  board. 

Sec.  13.  REPEAL. — Chapter  36  of  the  session  laws 
of  1901  is  hereby  repealed;  provided,  however,  that 
the  board  of  trustees  appointed  pursuant  thereto  shall 
continue  to  act  until  their  successors,  to  be  appointed 
under  this  act,  shall  have  been  appointed,  and  shall 
have  qualified. 

MAINTENANCE  OF  STATE  EDUCATIONAL 
INSTITUTIONS. 

(Chapter  156,  Laws  of  ipoi.) 

Section  1.  STATE  SCHOOLS.  TO  PROVIDE 
FOR  MAINTENANCE  OF. — For  the  purpose  of 
providing  for  the  maintenance  of  the  state  university 
and  school  of  mines  at  Grand  Forks,  the  agricultural 
college  at  Fargo,  the  state  normal  school  at  Valley 
City,  the  state  normal  school  at  Mayville  and  the  deaf 
and  dumb  asylum  at  Devils  Lake,  and  the  school  of 
forestry,  as  a part  of  the  public  school  system  of  this 
state,  there  is  hereby  levied  upon  all  taxable  property 
in  the  state,  real  and  personal,  an  annual  tax  of  one 
mill  on  each  dollar  of  the  assessed  valuation  of  such 
property  in  each  and  every  year  hereafter. 


STATE  OF  NORTH  DAKOTA 


169 


Sec.  2.  COUNTY  AUDITOR  SHALL  CALCU- 
LATE AMOUNT  OF  LEVY.— The  county  auditor 
of  each  county  shall,  at  the  time  of  making  the  annual 
tax  list  in  his  county,  calculate  the  amount  of  the  levy 
hereinbefore  provided  for  upon  each  and  every  item 
of  property  assessed  in  his  county,  as  it  appears  upon 
the  last  assessment  roll,  and  extend  the  same  upon 
such  tax  list  in  a column  to  be  provided  for  that  pur- 
pose, and  such  tax  shall  thereupon  be  collected  and 
paid  over  to  the  state  treasurer  the  same  as  other 
state  taxes. 

Sec.  3.  TAXES.  HOW  APPORTIONED.— 
Such  taxes  so  levied  shall  be  apportioned  by  the  state 
treasurer  to  the  several  institutions  herein  mentioned 
as  follows : ’ Forty-hundredths  of  a mill  to  the  state 
university  and  school  of  mines  at  Grand  Forks  ; twenty 
hundredths  of  a mill  to  the  agricultural  college  at 
Fargo ; twelve-hundredths  of  a mill  to  the,  state  nor- 
mal school  at  Valley  City;  twelve-hurMredths  of  a 
mill  to  the  state  normal  school  at  Mayville ; thirteen- 
hundredths  of  a mill  to  the  deaf  and  dumb  asylum  at 
Devils  Lake ; three-hundredths  of  a mill  to  the  school 
of  forestry  at  Bottineau. 

Sec.  4.  MONEYS.  HOW  APPROPRIATED.— 
The  moneys  arising  from  the  taxes  hereinbefore  levied 
are  hereby  appropriated  for  the  maintenance  of  the 
state  university  and  school  of  mines  at  Grand  Forks, 
the  agricultural  college  at  Fargo;  the  state  normal 
school  at  Valley  City,  the  state  normal  school  at  May- 
ville, the  deaf  and  dumb  asylum  at  Devils  Lake,  and 
the  school  of  forestry  at  Bottineau,  the  same  to  be 
paid  monthly  to  the  board  of  trustees  of  the  several 
institutions  herein  mentioned,  and  in  proportion  as 
herein  provided,  upon  vouchers  of  said  board,  signed 
by  their  respective  presidents,  and  to  be  expended  by 
the  several  boards,  in  their  discretion,  in  the  estab- 
lishment and  maintenance  of  said  institutions  herein- 
before mentioned. 

CHAPTER  4.-^PUBLIC  BOARDS. 

Article  3. — Board  of  University  and  School 
Lands. 

Sec.  169.  BOARD,  HOW  CONSTITUTED.— 
The  governor,  secretary  of  state,  state  auditor,  attor- 
ney general  and  superintendent  of  public  instruction 
shall  constitute  the  b<^ard  of  university  and  school 
lands.  The  governor  shall  be  president;  the  secre- 


Duty  of  coun- 
ty auditor. 


Apportionment 
of  taxes. 


Appropriation 
of  money. 


Of  whom  com- 
posed— officers 
must  act  per- 
onally. 


170 


GENERAL  SCHOOL  LAWS 


Shall  have  full 
control  of 
school  and 
public  lands. 


Appoint  agent. 


Title  and  qual- 
ification of 
agent. 


Meetings  and 
quorum. 


Investment  of 
school  funds. 


tary  of  state,  vice  president,  and  the  superintendent 
of  public  instruction  secretary  thereof.  In  the  absence 
of  the  superintendent  of  public  instruction  at  any 
meeting  of  the  board,  the  deputy  superintendent  of 
public  instruction  shall  act  as  secretary,  but  shall  not 
be  entitled  to  a vote.  Such  board,  when  acting  as 
such,  must  act  personally ; no  member  can  be  rep- 
resented on  such  board  by  any  assistant  or  clerk. 

Sec.  170.  BOARD,  POWERS  OF.— Subject  to 
the  provisions  of  article  9 of  the  constitution  and  the 
provisions  of  this  article,  such  board  shall  have  the 
full  control  of  the  selecting,  appraisement,  rental,  sale, 
disposal  and  management  of  all  school  and  public 
lands  of  the  state,  including  the  real  property  donated 
to  the  territory  of  Dakota  under  the  provisions  of 
chapter  104  of  the  laws  of  1883,  except  such  as  has 
been  sold,  and  the  investment  of  the  permanent  funds 
derived  from  the  sale  thereof,  or  from  any  other 
source,  and  shall  have  power  to  appoint  a competent 
person  to  act  as  the  general  agent  of  the  board  in  the 
performance  of  all  its  duties  pertaining  to  the  selection, 
sale,  leasing  or  contracting  in  any  manner  allowed  by 
law,  and  the  general  control  and  management  of  all 
matters  relating  to  the  care  and  disposition  of  the 
public  lands  of  the  state,  all  of  whose  official  acts 
shall  be  subject  to  the  approval  and  supervision  of  the 
board.  The  title  of  such  agent  shall  be  commissioner 
of  university  and  school  lands,  and  before  entering 
upon  his  duties  as  such  he  shall  take  the  oath  pre- 
scribed for  civil  officers  and  give  a bond  in  the  penal 
sum  of  ten  thousand  dollars,  with  not  less  than  two 
sureties,  to  be  approved  by  the  board,  and  recorded  in 
the  office  of  the  secretary  of  state  and  filed,  when 
recorded,  in  the  office  of  the  state  treasurer. 

Sec.  171.  MEETINGS  OF  BOARD.— Such 
board  shall  meet  at  the  office  of  the  commissioner  on 
the  last  Thursday  of  each  month,  at  ten  o’clock  in  the 
forenoon.  Special  meetings  of  the  board  may  be  held 
at  any  time  at  'the  written  call  of  the  president  or  any 
two  members  of  the  board.  Any  three  members  of 
the  board  shall  constitute  a quorum. 

Sec.  172.  BOARD  TO  INVEST  SCHOOL 
FUNDS. — Such  board  shall  have  the  power  and  it 
is  made  its  duty  from  time  to  time  to  invest  any 
money  belonging  to  the  permanent  funds  of  the  com- 
mon schools,  university,  school  of  mines,  reform 
school,  agricultural  college,  ancj  deaf  and  dumb  asy- 
lum, normal  schools,  and  all  other  permanent  funds 


STATE  OF  NORTH  DAKOTA 


171 


derived  from  the  sale  of  public  lands  or  from  any 
other  source,  in  bonds  of  school  corporations  within 
the  state,  bonds  of  the  United  States,  bonds  of 
the  state  of  North  Dakota,  or  in  first  mortgages  on 
farm  lands  in  the  state  not  exceeding  in  amount  one- 
third  of  the  actual  value  of  any  subdivision  on  which 
the  same  may  be  loaned.  Such  value  to  be  determined 
by  the  county  board  of  appraisal  of  the  respective 
counties  as  provided  for  in  section  183 ; provided,  that 
at  least  one-fourth  of  the  whole  amount  of  the  several 
permanent  funds  aforesaid  as  computed  by  the  com- 
missioner of  university  and  school  lands  at  the  end 
of  each  fiscal  year  shall  be  set  apart  for  investment  in 
first  mortgages  on  farm  lands  in  this  state,  and  only 
in  the  manner  following,  to-wit: 

1.  That  the  said  first  mortgages  and  each  of  them, 
shall  run  for  a period  of  time  and  not  to  exceed  ten 
years  and  that  the  funds  so  invested  shall  bear  interest 
at  the  rate  of  six  per  cent  per  annum,  said  interest 
together  with  ten  per  cent  of  the  whole  amount  of  the 
principal  to  be  paid  in  annual  installments  and  the  in- 
terest when  paid  shall  be  covered  into  and  become  part 
of  the  interest  and  income  fund. 

2.  First  mortgage  loans  shall  only  be  made  upon 
cultivated  lands  within  the  state  and  to  persons  who 
are  actual  residents  thereof.  And  in  no  cases  on  lands 
of  which  the  appraised  value  is  less  than  seven  dollars 
and  fifty  cents  per  acre,  and  in  sums  not  more  than 
one  thousand  dollars  to  any  one  person,  firm  or  cor- 
poration. 

3.  All  or  any  of  said  mortgages  may  be  satisfied 
at  any  time  after  five  years  from  the  date  when  made 
on  payment  of  the  full  amount  due  thereon.  All  pro- 
ceedings in  regard  to  investments  in  first  mortgages 
as  provided  in  this  chapter,  shall  conform  to  and  be 
governed  by  the  laws  of  the  state  of  North  Dakota  in 
such  case  made  and  provided.  Said  board  of  univer- 
sity and  school  lands  shall  not  purchase  or  approve 
the  purchase  of  any  bonds  or  mortgages  except  at  a 
legal  session  thereof,  nor  unless  every  member  of  the 
board  is  notified  by  the  secretary  of  said  board  in  time 
to  be  present  at  such  meeting,  and  notified  also  that 
the  question  of  purchasing  or  acting  on  a proposition 
for  the  purchase  of  certain  bonds  or  mortgages  is  to 
be  considered  at  the  meeting,  nor  unless  a majority 
of  all  the  members  vote  in  favor  of  such  purchase, 
and  the  vote  on  the  purchase  of  every  bond  and  mort- 


In  what. 


Mortgages— 
what  may  be 
taken. 


Upon  what 
lands. 


Satisfaction  of 
mortgages. 


Bonds  and 
mortgages— 
when  may  be 
purchased. 


172 


GENERAL  SCHOOL  LAWS 


Records. 


Funds  to  be 
keld  by  state 
treasurer. 


Also  be  custo- 
dian of  securi- 
ties. 


Treasurer  to 
collect  moneys 
due. 


Past  due  ac- 
counts attor- 
ney general 
to  collect— 
when. 


Foreclosures. 


gage  shall  be  taken  by  the  yeas  and  nays  and.  shall 
be  duly  recorded  in  the  books  of  the  board. 

Sec.  173.  (Amended.)  RECORDS  TO  BE 
KEPT  BY  SECRETARY.— The  secretary  shall  en- 
ter in  a suitable  book  kept  for  that  purpose  a full  and 
correct  record  of  all  the  proceedings  of  said  board  at 
each  session  thereof,  which  record  when  approved  shall 
be  signed  by  the  president  or  presiding  officer  of  the 
meeting  and  the  secretary. 

Sec.  174.  TREASURER  CUSTODIAN  OF 
FUNDS. — 'All  moneys  belonging  to  the  permanent 
funds  of  the  common  school  and  other  public  institu- 
tions derived  from  the  sale  of  any  of  the  public  lands 
or  from  any  other  source  shall  be  paid  to  and  held  by 
the  state  treasurer  and  be  subject  to  the  order  of  such 
board,  and  shall  be  paid  over  to  order  of  the  board 
for  investment  as  provided  in  section  172  of  this 
article,  whenever  the  board  requires  the  same  for  such 
investment.  The  state  treasurer  shall  also  be  the  cus- 
todian of  all  bonds,  notes,  mortgages  and  evidences 
of  debt  arising  out  of  the  management  of  the  per- 
m.anent  funds  derived  from  the  sale  of  any  of  the 
public  lands  of  the  state  or  from  any  other  source. 

Sec.  175.  (Amended.)  INVESTMENTS.  HOW 
UNPAID  MONEYS  TO  BE  COLLECTED.— It 
shall  be  the  duty  of  the  state  treasurer,  from  time  to 
time  as  the  same  become  due,  to  collect  all  moneys 
due  and  owing  on  any  and  all  of  the  securities  held 
by  him  for  investment  or  for  permanent  funds,  and 
from  time  to  time,  whenever  required  by  the  board, 
to  make  report  of  the  amount  of  such  collections  to  the 
board,  and  a duplicate  of  the  same  to  the  state  auditor. 
If  any  such  moneys  shall  remain  unpaid  for  thirty  days 
after  the  same  shall  become  due  and  payable,  he  shall 
make  report  in  detail  of  all  such  unpaid  amounts  to  the 
board  who  shall  place  the  matter  in  the  hands  of  the 
attorney  general  for  collection  whenever  they  shall 
deem  it  for  the  best  interests  of  the  state  so  to  do, 
whose  duty  it  shall  be  to  proceed  to  collect  the  same 
by  civil  action,  to  be  brought  and  prosecuted  in  the 
name  of  the  state ; provided,  that  mortgage  loans  made 
under  the  provisions  of  this  chapter  may  be  fore- 
closed either  by  action  or  advertisement,  in  the  same 
manner  and  upon  the  same  notice  as  required  in  other 
real  estate  foreclosures.  When  foreclosure  is  made 
by  action  said  action  shall  be  brought  and  prosecuted 
in  the  name  of  the  state ; provided,  further,  that  the 
board  of  university  and  school  lands  may,  and  it  is 


STATE  OF  NORTH  DAKOTA 


173 


hereby  autborized  and  empowered  to  assign  any  or  all 
of  said  mortgages,  whenever  in  the  judgment  of  said 
board  it  will  be  for  the  best  interests  of  the  state  so 
to  do ; provided,  however,'  that  said  board  shall  not 
accept  as  a consideration  for  said  assignment  any 
amount  less  than  the  principal  and  interest  due  upon 
said  mortgage  or  mortgages.  Such  assignments  when 
made  shall  be  executed  by  the  governor  and  attested 
by  the  secretary  of  state  with  the  great  seal  of  the 
state  of  North  Dakota  attached. 

Sec.  176.  MANNER  OF  INVESTING  PER- 
MANENT FUNDS. — In  the  investment  of  perma- 
nent funds  under  its  control  such  board  shall  authorize 
the  state  auditor  to  draw  his  warrant  on  the  state 
treasurer,  payable  out  of  the  proper  fund,  for  the 
purchase  of  the  bonds  or  mortgages,  which  warrant 
previous  to  delivery,  shall  be  registered  by  the  state 
treasurer  in  a book  provided  for  that  purpose. 

Sec.  177.  INCIDENTAL  EXPENSES  OF 
BOARD,  HOW  PAID. — The  necessary  incidental 
expenses  of  the  board  shall  be  paid  out  of  the  state 
treasury,  and  upon  satisfactory  vouchers  therefor  the 
state  auditor  shall  issue  his  warrant  for  the  same. 

Sec.  178.  APPROPRIATION  FOR  INTEREST. 
— There  is  hereby  annually  appropriated  such  sums  as 
shall  be  found  necessary  for  the  expenses  of  purchase, 
and  payment  of  accrued  interest  at  the  time  of  the 
purchase,  of  investment  bonds  or  mortgages  for  the 
permanent  funds  under  the  control  of  said  board,  pay- 
able from  the  respective  fund  for  which  said  purchase 
is  made. 

Sec.  179.  TERM  OF  OFFICE  OF  COMMIS- 
SIONER.— The  first  term  of  office  of  the  commission- 
er provided  for  in  this  article  shall  be  for  three  years 
from  the  date  of  his  appointment  and  until  his  suc- 
cessor is  appointed  and  qualified,  and  after  the  expira- 
tion of  the  first  term,  all  succeeding  terms  shall  be  two 
years,  and  until  his  successor  is  appointed  and  qualified, 
subject  to  removal  by  the  board.  In  case  of  vacancy 
by  death,  removal,  resignation  or  any  other  cause,  the 
board  shall  fill  the  same  by  appointment. 

Sec.  180.  {Amended.)  SALARY  OF  COMMIS- 
SIONER.— The  commissioner  shall  receive  an  annual 
salary  of  one  thousand  eight  hundred  dollars. 

Sec.  181.  DEPUTY  COMMISSIONER.— By 
and  with  the  consent  of  the  board,  the  commissioner 
may  appoint  a chief  clerk,  who  before  entering  upon 
any  of  the  duties  devolving  upon  him  by  said  appoint- 


Assignments. 


Permanent 
funds— how 
invested. 


Incidental  ex- 
penses—pay- 
ment of. 


Interest-appro- 
priation for. 


Commissioner 
—term  of  office 


Vacancy. 


Compensation. 


Deputy. 


174 


GENERAL  SCHOOL  LAWS 


Powers  and 
duties  of  com- 
missioner. 


Records. 


Seal. 


Report. 


mcnt  shall  take  and  subscribe  the  oath  of  office  re- 
quired by  law  and  shall  execute  to  the  state  a bond 
with  one  or  more  sureties  in  the  penal  sum  of  five 
thousand  dollars  conditioned  for  the  faithful  discharge 
of  his  duties. 

Sec.  182.  {Amended.)  DUTIES  OF  COMMIS- 
SIONER.— The  commissioner,  under  such  directions 
as  may  be  given  by  the  board  of  university  and  school 
lands,  shall  have  general  charge  and  supervision  of  all 
lands  belonging  to  the  state,  of  all  lands  in  which  the 
state  has  an  interest  or  which  are  held  in  trust  by  the 
state.  He  shall  have  the  custody  of  all  maps,  books 
and  papers  relating  to  any  of  the  public  lands  men- 
tioned in  this  article.  He  shall  procure  the  proper 
books,  maps  and  plats  in  which  to ' keep  a complete 
record  of  all  lands  owned  or  held  in  trust  by  the  state 
for  schools,  public  buildings  and  for  all  other  purposes, 
and  shall  keep  true  record  of  all  the  sales,  leases,  per- 
mits, patents,  deeds  and  other  conveyances  of  such  lands 
made  by  the  state,  amount  of  money  paid,  date  of  sale 
and  payment,  description  of  land  sold  or  leased,  num- 
ber of  acres  thereof,  name  of  purchaser  and  designa- 
tion of  the  fund  that  should  be  credited  therewith.  He 
shall  direct  all  appraisements,  sales,  leases ; shall  exe- 
cute all  contracts  of  sale,  leases,  permits  or  other  evi- 
dences of  disposal  of  the  lands,  subject  to  approval  by 
the  board.  Upon  all  contracts,  leases  or  permits  issued 
by  the_  commissioner  he  shall  certify  the  book  and 
page  where  the  same  is  recorded.  He  shall  have  an 
official  seal  with  a proper  device  thereon ; and  the  seal 
of  the  commissioner  affixed  to  any  contract  of  pur- 
chase, receipt  or  other  instruments  issued  by  him,  duly 
countersigned  by  him  as  approved  by  the  board,  ac- 
cording to  the  provisions  of  this  article,  is  prima  facie 
evidence  of  the  due  execution  of  such  contract  or  other 
paper.  He  shall  biennially  report  to  the  legislative 
assembly  through  the  board  his  work  during  the  pre- 
ceding term,  showing  the  quantity  of  lands  sold  or 
leased,  and  the  amount  received  therefor,  the  amount 
of  interest  moneys  received  to  the  credit  of  the  several 
funds,  expense  of  administration  of  his  department, 
and  all  such  other  matters  relating  to  his  office  as  shall 
be  necessary.  It  shall  also  be  the  duty  of  the  land  com- 
missioner to  receive  and  present  to  the  board  of  univer- 
sity and  school  lands  all  offers  for  sale  of  bonds.  He 
shall  also  prepare  all  bonds  in  connection  with  the  in- 
vestment of  the  permanent  school  fund.  He  shall 
keep  such  books  as  may  be  necessary  to  register  and 


Bond  records. 


STATE  OF  NORTH  DAKOTA 


175 


describe  all  bonds  and  mortgages  purchased  or  taken 
by  the  board  of  university  and  school  lands  for  the  ben- 
efit of  any  of  the  permanent  funds  under  its  control. 
Such  books  shall  be  ruled  so  as  to  permit  the  registry 
of  the  name  and  residence  of  the  person  offering  to  sell 
any  such  bonds  or  mortgages,  the  district  for  which 
such  offer  is  made,  a description  of  the  property  cov- 
ered by  the  mortgage,  and  a full  and 

detailed  description  of  every  bond,  wheth- 
er United  States,  state  or  school  district, 
and  the  date,  number,  series,  amount  and  rate  of  inter- 
est of  each  bond  and  when  the  interest  and  principal 
respectively,  are  payable;  and  such  record  shall  be 
made  of  every  such  bond  and  mortgage  before  the 
board  shall  act  upon  the  question  of  purchasing  the 
same.  He  shall  also  keep  in  suitable  books  a record 
showing  a detailed  quarterly  statement  of  the  condi- 
tion of  all  the  perm.anent  funds  under  control  of  said 
board,  the  amount  of  each  fund,  how  invested,  when 
due,  interest  paid  and  any  other  act  in  any  manner 
connected  with  the  management  of  said  funds,  and 
shall  biennially  report  all  such  investments  to  the  gov- 
ernor to  be  laid  before  the  legislative  assembly.  All 
such  records  and  record  books  shall  at  all  times  be 
open  for  inspection  by  the  public. 

Sec.  183.  COUNTY  BOARD  OF  APPRAISAL, 
DUTIES  OF. — The  county  superintendent  of  schools, 
the  chairman  of  the  board  of  county  commissioners  and 
the  county  auditor  of  each  county  shall  constitute  the 
“County  Board  of  Appraisers”  of  the  public  lands  of 
the  state  in  and  for  their  county.  The  county  board 
of  appraisal  in  each  county  shall  upon  the  request  of 
the  board  of  university  and  school  lands,  designate 
on  or  before  such  date  as  it  may  specify,  the  public 
lands  of  the  state  in  their  county,  that  in  its  judgment 
can  be  sold  for  ten  dollars  an  acre  or  upwards  on 
the  terms  prescribed  in  this  article,  designating  the 
tracts  separately  and  giving  an  approximate  estimate 
of  their  selling -value.  Thereupon  the  commissioner 
shall,  if  so  ordered  by  the  board  of  university  and 
school  Ends,  prepare  a list  and  order  an  appraisal  of 
such  lands  as  shall  be  designated  in  such  list,  and  it  is 
made  the  duty  of  such  board  of  appraisers  within  ten 
days  after  the  receipt  of  such  list  to  examine  such  lands 
and  appraise  them  at  their  cash  value,  as  nearly  as 
can  be  determined,  describing  each  tract  or  subdivision 
in  parcels  not  greater  than  one  hundred  and  sixty 


Quarterly- 
statement  of 
funds. 


Records  pub- 
lic. 


County  board 
of  appraisers. 


Duty. 


Appraisal  of 
lands. 


176 


GENERAL  SCHOOL  LAWS 


Compensation 


Selection  and 
sale  of 
lands. 


acres,  more  or  less,  according  to  the  government  sur- 
vey, and  in  smaller  subdivisions  thereof  if  so  listed  by 
the  commissioners,  and  set  opposite  each  described 
tract  or  parcel  of  land  the  appraised  value  per  acre 
thereof ; and  when  such  appraisal  is  completed,  which 
shall  not  be  later  than  thirty  days  after  the  receipt  of 
the  order  directing  it,  the  county  board  of  appraisers, 
or  the  members  of  the  same  who  made  such  appraise- 
ment, shall  certify  to  its  correctness,  and  make  dupli- 
cate copies  thereof,  one  of  which  shall  be  forwarded 
immediately  to  the  board  of  university  and  school 
lands,  and  the  other  filed  in  the  office  of  the  county 
auditor  for  reference.  And  in  addition  to  the  appraisal 
of  such  lands  the  county  board  of  appraisal  shall  fur- 
nish such  other  information  regarding  the  lands  as 
may  be  required  by  the  commissioner  in  the  manner 
and  form  prescribed  by  him.  The  report  of  such  ap- 
praisal shall  be  verified  by  each  of  such  appraisers,  and 
shall  disclose  any  interest,  real  or  contingent,  that 
any  of  such  appraisers  has  in  any  of  the  lands  or  im- 
provements so  appraised.  Any  appraiser  who  wil- 
fully makes  any  false  statement  in  such  report,  rela- 
tive to  such  interest  in  any  of  the  lands  so  appraised  or 
improvements  thereon,  shall  be  deemed  guilty  of  a mis- 
demeanor. For  all  services  performed  under,  the  re- 
quirements of  this  article  the  appraisers  shall  be  paid 
at  the  rate  of  three  dollars  per  day  and  actual  traveling 
expenses,  upon  vouchers  approved  by  the  secretary  of 
the  board  of  university  and  school  lands  to  be  paid 
by  the  state  treasurer  upon  warrants  issued  by  the  state 
auditor. 

Sec.  184.  SELECTING  AND  CERTIFYING 
LANDS  FOR  SALE. — The  commissioner  shall  from 
the  list  of  lands  so  appraised  and  reported  by  the  county 
board  of  appraisers  select  all  such  tracts  as  have  been 
appraised  at  ten  dollars  per  acre  and  upwards  and  upon 
approval  of  such  selections  by  the  board  of  university 
and  school  lands  shall  make  and  certify  to  the  county 
auditors  the  list  of  lands  in  their  respective  counties 
that  are  offered  for  sale,  and  when  transmitting  such 
list  shall  designate  the  day  and  hour  for  the  sale  there- 
of ; provided,  that  such  sales  shall  take  place  only  be- 
tween the  hours  of  ten  o’clock  A.  M.  and  five  o’clock 
P.  M.  and  to  be  continued  from  day  to  day  until  all 
the  lands  advertised  for  sale  shall  have  been  sold  or 
offered  for  sale  except  that  adjournments  may  be  made 
for  any  intervening  Sunday  or  legal  holiday. 


STATE  OF  NORTH  DAKOTA 


177 


Sec.  185.  {Amended.)  NOTICE  OF  SALE  TO 
BE  PUBLISHED. — The  board  of  university  and 
school  lands  shall  cause  to  be  published  in  a newspaper 
of  general  circulation  in  the  vicinity  of  the  lands  to  be 
offered  for  sale  as  prescribed  by  section  158  of  the  con- 
stitution, a notice  of  such  sale  with  the  list  of  lands 
properly  described  that  are  to  be  offered  for  sale,  to- 
gether with  the  appraised  value  thereof  and  the  terms 
and  conditions  of  sale,  and  also  publish  notices  of  all 
sales  for  the  same  length  of  time  in  one  newspaper 
published  at  the  seat  of  government. 

Sec.  186.  MANNER  OF  SALE. — On  the  day 
and  hour  appointed  for  such  sale  the  commissioner, 
except  as  hereinafter  provided,  shall  proceed  to  sell 
or  offer  for  sale  at  public  auction  to  the  highest  bidder, 
at  the  court  house  or  at  the  place  where  the  terms  of 
the  district  court  are  held,  of  the  county  where  the 
lands  are  situated,  the  lands  so  advertised ; offering 
them  for  sale  and  selling  in  the  order  in  which  they 
occur  in  the  advertisement  for  sale.  Such  lands  as  have 
not  been  specially  subdivided  shall  be  offered  in  tracts 
of  one-quarter  section,  according  to  the  subdivisions 
thereof  by  the  United  States  survey,  and  those  so  sub- 
divided in  the  smallest  divisions  thereof.  No  tract 
shall  be  sold  for  less  than  its  appraised  value,  and  in 
no  case  for  less  than  ten  dollars  an  acre.  Whenever 
the  commissioner  cannot  attend  the  sale  in  person  such 
sale  may  be  made  by  the  deputy  land  commissioner  or 
any  other  person  designated  and  authorized  by  the 
board  of  university  and  school  lands. 

Sec.  187.  TERMS  OF  SALE. — Each  tract  of  land 
shall  be  sold  upon  the  following  terms : The  purchas- 
er shall  pay  one-fifth  of  the  price  in  cash  at  the  time 
of  sale,  and  the  remaining  four-fifths  as  follows : One- 
fifth  in  five  years,  one-fifth  in  ten  years,  one-fifth  in 
fifteen  years  and  one-fifth  in  twenty  years,  with  interest 
at  six  per  cent  per  annum  on  all  the  unpaid  principal 
annually  in  advance.  The  highest  bidder  for  any  of- 
fered tract  shall  be  declared  the  purchaser  thereof,  and 
shall  immediately  pay  over  to  the  county  treasurer  the 
amount  of  one-fifth  of  the  purchase  price  as  speci- 
• fied  in  the  terms  of  sale.  In  case  the  purchaser  fails 
to  pay  the  amount  so  required  to  be  paid  at  the  time 
of  such  sale,  such  commissioner  or  whoever  may  be 
conducting  the  sale,  shall  immediately  reoffer  such 
lands  for  sale,  but  no  bids  shall  be  received  from  the 
person  so  failing  to  pay  as  aforesaid ; and  the  person 


Published 
notice  of  sale. 


Sale— how 
conducted. 


Must  sell  for 
appraised 
value— or 
more. 


Sale— terms  of. 


Re-sale— 

when. 


School  Laws— 12 


178 


GENERAL  SCHOOL  LAWS 


Forfeit  for  re- 
fusing to  take. 


Sale— ad- 
journment of. 


Lands  with- 
drawn when. 


County  audi- 
tor clerk  of 
sale. 


Approval  of 
sale. 


refusing  or  neglecting  to  make  such  payment  shall  for- 
feit the  sum  of  one  hundred  dollars  for  each  tract  .so 
purchased  by  him. 

Sec.  188.  ADJOURNMENT  OF  SALE.— No  ad- 
journment of  the  sale  can  be  made  after  its  opening, 
except  as  provided  in  section  184  of  this  article,  but, 
when  the  interest  of  the  state  will  be  subserved  thereby, 
the  board  of  university  and  school  lands  may,  at  any 
time  not  less  than  two  weeks  preceding  the  date  fixed 
for  opening  such  sale,  making  an  order  postponing  the 
same  to  such  date  as  may  be  fixed  in  such  order,  which 
shall  not  be  more  than  sixty  days,  giving  due  notice 
of  the  same  to  the  county  auditor,  who  shall  publish 
such  notice  of  adjournment  and  the  day  fixed  for  the 
same,  for  two  successive  weeks  in  the  same  papers 
in  which  the  notice  of  sale  is  published ; but  the  ad- 
journment of  any  sale  shall  not  require  continued  pub- 
lication of  the  list  of  lands  beyond  the  time  specified 
in  this  article  for  such  publication. 

Sec.  189.  WITHDRAWAL  OF  LANDS  FROM 
SALE. — The  board  of  university  and  school  lands 
may,  in  its  discretion,  on  or  before  the  day  of  sale, 
withdraw  any  or  all  lands  that  may  have  been  adver- 
tised for  sale  or  included  in  any  'list  to  be  offered  in 
any  county,  and  upon  such  withdrawal  shall  notify 
the  auditor  of  such  county,  specifying  the  lands  in- 
cluded in  such  notice  of  withdrawal,  who  shall  there- 
upon strike  such  lands  from  the  lists  in  his  office,  and 
public  notice  of  withdrawal  shall  be  given  at  the  day 
of  sale  before  any  such  lands  are  offered. 

Sec.  190.  COUNTY  AUDITOR  TO  ACT  AS 
CLERK  AT  SALE.  APPROVAL  OF  SALE.— The 
county  auditor  shall  act  as  clerk  of  all  land  sales  and 
leases  made  in  his  county,  and  it  shall  be  his  duty  with- 
in five  days  after  such  sale  or  lease  shall  have  been 
concluded  to  certify  to  the  board  of  university  and 
school  lands  a list  of  lands  sold  or  leased  as  provided 
in  this  article,  with  the  price  thereof,  and  the  name 
of  the  purchaser  or  lessee  of  such  tract,  the  amount  for 
which  the  lands  are  sold  or  leased,  the  amount  of 
money  paid  by  such  purchaser,  and  the  amount  of  prin- 
cipal remaining  unpaid,  and  the  board  of  university 
and  school  lands  shall  approve  and  confirm  the  sale  or 
lease  of  every  such  tract,  as  upon  examination  of  such 
certified  lists  and  such  further  information  and  inves- 
tigation as  shall  be  deemed  necessary,  shall  be  found 
to  have  been  sold  or  leased  in  accordance  with  the  law 


STATE  OF  NORTH  DAKOTA 


179 


and  without  fraud  or  collusion.  For  the  services  im- 
posed by  this  article  the  county  auditor  shall  be  al- 
lowed the  sum  of  three  dollars  per  day  for  each  and 
every  day  so  engaged,  to  be  paid  out  of  any  appropria- 
tion for  the  expenses  of  appraisal  and  sale  of  public 
lands. 

Sec.  191.  NOTICE  TO  PURCHASER.  EXE- 
CUTION OF  CONTRACT. — Immediately  upon  ap- 
proval of  the  sales  by  the  board  of  university  and 
school  lands,  the  secretary  of  such  board  shall  prepare 
and  certify  a list  of  said  approved  sales  to  the  commis- 
sioner, who  shall  without  delay  execute  duplicate  con- 
tracts in  the  form  prescribed  by  the  board,  and  forward 
the  same  to  the  county  auditor  of  the  county  where 
the  land  was  sold,  whereupon  it  is  made  the  duty  of 
the  county  auditor  to  notify  each  purchaser  in  writing 
of  the  approval  of  the  sale  to  him,  and  to  appear  within 
ten  days  after  the  date  of  such  notice  and  pay  the  coun- 
ty treasurer  the  amount  of  interest  on  the  deferred  pay- 
ments as  specified  in  the  contract  and  execute  the  con- 
tracts of  sale,  and  a failure  so  to  appear  and  execute 
such  contract  shall  act  as  a forfeiture  of  the  payment 
made  by  the  purchaser  at  the  sale.  When  the  contracts 
are  properly  executed  by  the  purchaser  and  the  amount 
of  money  due  thereon  shall  have  been  paid  to  the 
county  treasurer,  the  copy  marked  duplicate  shall  be 
delivered  to  him  and  the  original  returned  to  the  land 
commissioner,  and  each  contract  so  returned  fully 
executed  shall  have  on  its  face  in  the  place  noted  for 
such  purpose  the  notation  of  the  date  of  delivery  to  the 
purchaser,  and  all  contracts  not  executed  by  the  pur- 
chaser shall  be  returned  to  the  land  commissioner  with 
a written  statement  thereon  of  the  reason  for  such 
return. 

Sec.  192.  SALES,  WFIEN  VOID. — Any  sale  made 
by  mistake,  or  not  in  accordance  with  law,  or  obtained 
by  fraud,  shall  be  void,  and  the  contract  of  purchase 
issued  thereon  shall  be  of  no  effect;  but  the  holder 
of  such  contract  shall  be  required  to  surrender  the  same 
to  the  board  of  university  and  school  lands,  who  shall, 
except  in  case  of  fraud  on  the  part  of  the  purchaser, 
cause  the  money  to  be  refunded  to  the  holder  thereof. 

Sec.  193.  SURVEYS  TO  BE  MADE  WHEN 
NECESSARY. — Whenever  it  appears  to  the  board  of 
university  and  school  lands  necessary  in  order  to  ascer- 
tain the  true  boundaries  of  any  tracts  or  portions  of 
lands,  or  to  enable  the  commissioner  to  describe  or  dis- 


Compensation 
for  clerk. 


Purchaser- 
notice  to. 


Execution  of 
contracts. 


Sales  void  — 
when. 


Surveys— 
when  made. 


180 


GENERAL  SCHOOL  LAWS 


Subdivision  of 
land— when. 


Re-appraisal 
of  subdivis- 
ions. 


Plat  record 


Rights  of 
purchaser  un- 
der contracts. 


Assignment  of 
contracts. 


pose  of  the  same  in  suitable  and  convenient  lots,  it  may 
order  all  such  necessary  surveys  to  be  made  and  the 
expenses  shall  be  paid  out  of  the  state  treasury  as  other 
incidental  expenses  of  the  board  of  university  and 
school  lands  are  paid. 

Sec.  194.  SUBDIVIDING  LAND  INTO  SMALL 
TRACTS  OR  LOTS,  WHEN  TO  BE  MADE.— 
Whenever  in  the  opinion  of  the  board  of  university  and 
school  lands  the  interests  of  the  state  will  be  promoted 
by  laying  off  any  portion  of  the  land  under  its  control 
into  small  parcels  or  city,  town  or  village  lots,  the 
board  may  order  such  commissioner  to  cause*  the  same 
to  be  done,  and  have  the  same  appraised  in  the  same 
manner  as  hereinbefore  prescribed. 

Sec.  195.  SALE  OE  LOTS.  NEW  APPRAISAL. 
— All  parcels  or  lots  so  appraised  shall  be  subject  to 
sale  in  the  same  manner  and  upon  the  same  terms  and 
conditions  and  the  contract  of  purchase  shall  have  the 
same  effect,  as  in  the  case  of  other  lands  for  which 
provision  is  made  in  this  article,  and  at  the  prices  at 
which  the  same  are  severally  appraised,  until  a new 
appraisal  is  made,  which  the  board  of  university  and 
school  lands  may  in  its  discretion  order  at  any  time,  in 
the  manner  aforesaid,  and  with  the  like  effect  but  no 
lots  or  parcels  so  appraised  shall  be  sold  for  less  than 
the  minimum  price  of  said  land,  established  in  this 
article. 

Sec.  196.  MAF  TO  BE  ENTERED  OE  REC- 
ORD.— Whenever  the  commissioner  shall  lay  off  any 
tract  of  land  into  small  parcels  or  lots,  as  provided  in 
this  article,  he  shall  cause  a correct  map  of  the  same 
to  be  entered  of  record  in  the  county  where  said  lands 
are  situated. 

Sec.  197.  CONTRACTS  OF  PURCHASE. 
RIGHTS  UNDER. — Contracts  of  purchase,  issued 
pursuant  to  the  provisions  of  law,  entitle  the  purchaser 
his  heirs  or  assigns,  to  the  possession  of  the  lands 
therein  described,  to  maintain  actions  for  injuries  done 
to  the  same,  or  any  action  or  proceeding  to  recover 
possession  thereof,  unless  such  contract  has  become 
void  by  forfeiture ; and  all  contracts  of  purchase  in 
force  may  be  recorded  in  the  same  manner  that  deeds 
of  conveyance  are  authorized  to  be  recorded. 

Sec.  198.  ASSIGNEE  OF  PURCHASERS.— 
Each  assignee  of  a bona  fide  purchaser  of  any  of  the 
lands  mentioned  in  this  article  is  subject  to  and  gov- 
erned by  the  provisions  of  law  applicable  to  the  pur- 


STATE  OF  NORTH  DAKOTA 


181 


chaser  of  whom  he  is  assignee;  and  he  shall  have 
the  same  rights  in  all  respects  as  an  original  purchaser 
of  the  same  class  of  lands. 

Sec.  199.  CONTRACTS  MAY  BE  SURREN- 
DERED AND  TWO  OR  MORE  ISSUED,  WHEN. 
— Whenever  the  holder  of  any  contract  of  purchase 
of  any  state  or  school  land  shall  surrender  the  same 
to  the  commissioner  with  a request  to  have  the  same 
divided  into  two  or  more  contracts,  it  shall  be  lawful 
for  the  commissioner  to  issue  the  same ; provided,  that 
the  proposed  subdivision  shall  be  only  in  the  smallest 
of  the  regular  government  or  state  subdivisions ; and, 
provided,  that  no  new  contracts  shall  issue  while  there 
is  due  and  unpaid  any  interest,  principal  or  taxes  on 
the  principal  contract  of  sale,  nor  in  any  case  where  the 
commissioner  shall  be  of  the  opinion  after  an  examina- 
tion of  the  lands,  if  necessary,  that  the  security  would 
be  impaired  and  endangered  by  the  proposed  division, 
nor  until  such  proposed  change  shall  have  the  approval 
of  the  board  of  universit}^  and  school  lands,  and  for 
all  such  new  certificates  a fee  of  five  dollars  for  each 
certificate  so  issued  shall  be  paid  by  the  applicant, 
which  fee  shall  be  paid  into  the  state  treasury  and  be- 
come a part  of  the  expense  fund  of  the  board  of  uni- 
versity and  school  lands. 

Sec.  200.  CONTRACT  VOIDABLE  ON  EAIL- 
URE  TO  PAY  PRINCIPAL  OR  INTEREST.— 
In  case  the  annual  interest  due  on  the  first  day  of  Janu- 
ary in  any  year  shall  not  be  paid  within  thirty  days 
thereafter  by  the  purchaser  or  by  any  person  claiming 
under  him,  the  contract  shall,  from  the  time  of  such 
failure,  be  voidable.  In  case  any  installment  on  the 
purchase  price  shall  not  be  paid  within  thirty  days  after 
the  same  becomes  due  by  the  provisions  of  contract  of 
sale,  the  contract,  from  the  time  of  such  failure  shall 
be  voidable.  And  in  all  cases  where  any  contract  be- 
comes voidable  by  reason  of  failure  to  make  the  pay- 
ments required  by  the  contract  and  the  terms  of  this 
section,  the  board  of  university  and  school  lands  may 
in  their  discretion  declare  such  contracts  of  sale  void ; 
and  in  case  of  such  declaration,  shall  notify  the  holder 
thereof  of  such  declaration,  by  written  notice 
mailed  to  his  postoffice  address  and  send  a duplicate 
copy  thereof  to  the  auditor  of  the  county  in  which  such 
land  is  situated,  and  order  the  commissioner  to  take 
possession  of  the  land  described  in  such  contract. 


Surrender  and 
division  of 
contracts. 


Approval  and 
fees. 


Contract  may 
be  voided  on 
failure  to  pay 
principal  or 
interest. 


Discretion  of 
board. 


182 


GENERAL  SCHOOL  LAWS 


Right  of  re- 
demption 
where  contract 
is  voided. 


No  fee  passes 
until  patent 
issues. 


Patent  to  is- 
sue —when. 


Action  to  re- 
cover posses- 
sion. 


Sec.  201.  REDEMPTION  BEEORE  RESALE. 
— In  all  cases  where  the  rights  of  a purchaser,  his  heirs 
or  assigns,  become  forfeited  under  the  provisions  of 
this  article,  by  failing  to  pay  the  amounts  required, 
such  purchaser,  his  heirs  or  assigns,  may,  before  the 
resale  at  public  auction  of  the  lands  described  in  such 
contract,  pay  to  the  state  treasury  the  amount  of  inter- 
est due  and  payable  on  such  contract,  and  all  costs 
which  have  been  incurred  in  addition  thereto,  together 
with  interest  at  the  rate  of  twelve  per  cent  per  annum 
on  the  interest  and  costs  so  due  from  the  date  of  de- 
linquency to  the  date  of  payment,  and  such  payment 
shall  operate  as  a redemption  of  the  rights  of  such 
purchaser,  his  heirs  or  assigns,  and  such  contract  from 
the  time  of  such  payment  shall  be  in  full  force  and 
effect,  as  if  no  forfeiture  had  occurred ; provided,  that 
after  the  rights  of  a purchaser,  his  heirs  or  assigns, 
shall  have  become  forfeited  under  the  provisions  of 
this  article,  the  board  of  university  and  school  lands 
shall  have  the  power,  and  it  is  hereby  made  their  duty, 
to  provide  for  the  resale  of  said  land  so  forfeited 
if  in  their  opinion  a resale  of  said  land  shall  be  most 
advantageous  to  the  state,  otherwise  the  said  board 
shall  provide  for  the  leasing  of  said  land  from  year  to 
year  as  herein  provided,  and  after  a lease  of  said  land 
shall  be  made  by  said  board,  the  lessee,  his  heirs  and 
assigns,  shall  be  entitled  to  the  full  and  absolute  pos- 
session of  all  said  lands  and  premises  so  leased. 

Sec.  202.  EEE  IN  STATE  UNTIL  CONTRACT 
EULFILLED. — The  fee  of  each  parcel  of  such 
lands  shall  be  and  remain  in  the  state  until  the  patents 
hereinafter  provided  for  are  issued  for  the  same  res- 
pectively, and  no  patent  shall  issue  until  full  payment  of 
all  sums  and  full  compliance  with  all  the  conditions  of 
the  contract  of  purchase,  and  in  case  of 
noncompliance  by  the  purchaser,  his  heirs  or 
assigns,  with  the  terms  of  the  contract  as  afore- 
said, or  with  the  provisions  of  law  applicable  thereto, 
any  and  all  persons  being  or  continuing  in  possession 
of  any  such  lands  after  a failure  to  comply  with  the 
terms  of  the  contract  as  aforesaid,  or  with  such  .pro- 
visions of  law,  as  aforesaid,  without  a written  permis- 
sion of  the  commissioner,  shall  be  deemed  and  held 
to  detain  such  land  forcibly  and  without  right,  and  to 
be  trespassers  thereon. 

Sec.  203.  RECOVERY  OF  POSSESSION.— In 
case  any  person  holds  or  continues  in  possession  of  any 


STATE  OF  NORTFI  DAKOl'A 


183 


of  the  land  mentioned  in  this  article,  contrary  to  the 
conditions  or  covenants  of  any  lease  or  written  agree- 
ment, he  shall  be  liable  to  an  action  of  forcible  detainer, 
or  any  other  proper  action  for  the  recovery  of  posses- 
sion of  such  lands  and  damages  for  detention  of  the 
same. 

Sec.  204.  RECONVEYANCE  TO  THE  UNITED 
STATES. — In  all  cases  where  lands  have  been  erro- 
neously or  improperly  certified  or  conveyed  to  the  state 
of  North  Dakota  for  school  or  other  purpses  by  the 
United  States,  the  governor  of  the  state  is  authorized 
to  reconvey  or  relinquish  by  the  execution,  under  his 
hand  and  the  seal  of  the  state,  of  such  conveyances 
as  will  be  necessary  to  convey  or  relinquish  the  title 
which  the  state  may  have  to  such  lands. 

Sec.  205.  PATENTS,  WHEN  TO  ISSUE.— 
When  any  land  sold  under  the  provisions  of  this  article 
has  been  fully  paid  for,  and  all  terms  of  the  contract 
of  purchase  fully  complied  with,  the  board  of  univer- 
sity and  school  lands  shall  so  certify  to  the  governor, 
who  shall  thereupon  issue  to  the  purchaser  thereof,  his 
heirs  or  assigns,  a patent  conveying  the  title  of  the 
state  to  such  land,  and  the  governor  shall  in  like  man- 
ner issue  a patent  to  any  purchaser  of  the  rights,  title 
and  interest  of  the  original  purchaser,  his  heirs  or 
assigns,  acquired  by  any  execution  sale.  All  such  pat- 
ents shall  be  signed  by  the  governor  and  attested  by 
the  secretary  of  state  with  the  great  seal  of  the  state 
of  North  Dakota,  and  shall  be  countersigned  by  the 
board  of  university  and  school  lands  with  the  seal  of 
the  secretary  of  said  board. 

Sec.  206.  PATENTS  TO  BE  RECORDED.— 
The  registers  of  deeds  of  the  several  counties  of  this 
state  are  authorized  to  record  all  patents  issued  by  the 
governor  pursuant  to  the  provisions  of  this  article ; and 
the  records  thereof  shall  have  the  same  effect  as  the 
record  of  other  conveyances  executed  according  to  the 
laws  of  this  state. 

Sec.  207.  TAXATION  OF  LANDS 

AFTER  SALE.  PURCHASER  OF  TAX  CER- 

TIFICATE.— The  commissioner  shall,  as  soon  as  pos- 
sible after  the  sale  of  lands,  transmit  to  the  auditor  of 
each  county,  in  which  any  lands  mentioned  in  this  article 
have  been  sold,  a detailed  description  of  each  parcel 
of  the  land  so  sold  and  the  names  of  the  purchasers, 
and  the  auditor  shall  extend  the  same  upon  his  tax 
duplicate  for  the  purpose  of  taxation,  and  the  same 


Governor  to 
reconvey  to 
United  States 
—when. 


Patents. 


How  executed. 


Recording 

patents. 


Taxation— 
when  lands 
subject  to. 


184 


GENERAL  SCHOOL  LAWS 


Rights  of 
purchasers  at 
tax  sale. 


No  tax  deed 
when. 


Taxation 
when  sale  can- 
celled. 


Payments 
on  contracts 
may  be  made 
to  county 
treasurer. 


Duty  of  treas- 
urer. 


Disposition  of 
funds. 


shall  thereupon  become  subject  to  taxation  the  same 
as  other  lands,  and  the  taxes  assessed  thereon,  col- 
lected and  enforced  in  like  manner  as  against  other 
lands ; provided,  however,  that  the  purchaser  at  tax 
sale  of  any  such  lands  sold  for  delinquent  taxes  shall 
only  acquire  by  virtue  of  such  purchase,  such  rights 
and  interest  as  belong  to  the  holder  and  owner  of  the 
contract  of  sale  issued  by  such  commissioner  under 
the  provisions  of  this  article^  and  the  right  to  be  sub- 
stituted in  the  place  of  such  holder  and  owner  of  such 
contract  of  sale,  as  the  assignee  thereof;  and  upon  the 
production  to  the  proper  officer  of  the  tax  certificate 
given  upon  such  tax  sale,  in  case  such  lands  have  not 
been  redeemed,  such  tax  purchaser  shall  have  the 
right  to  make  any  payment  of  principal  or  interest  then 
in  default  upon  such  contract  of  sale,  as  the  assignee 
thereof.  But  no  tax  deed  shall  be  issued  upon  any 
tax  certificate  procured  under  the  provisions  of  this 
act  while  the  legal  title  of  said  lands  remains  in  the 
state  of  North  Dakota.  Whenever  the  contract  for  the 
sale  of  any  of  said  lands  has  been  canceled,  it  shall 
be  the  duty  of  the  commissioner  to  notify  the  auditor 
of  the  county  in  which  such  lands  are  located  of  said 
cancellation,  and  thereafter  such  lands  shall  not  be 
listed  for  taxation,  but  in  the  event  of  the  redemption 
of  any  such  lands,  the  redemptioner  shall  pay  as  taxes 
in  addition  to  all  other  charges  an  amount  equal  to 
the  tax  last  levied  thereon  for  each  year  such  land  was 
not  listed  for  taxation,  together  with  such  interest 
and  penalty  as  would  have  been  charged,  if  the  same 
had  been  regularly  listed  and  taxed. 

Sec.  208.  PAYMENT  TO  COUNTY  TREAS- 
URER. DUTY  OE  TREASURER.— The  purchaser 
of  any  land  mentioned  in  this  article,  or  his  assigns, 
may  pay  to  the  county  treasurer  of  the  county  in  which 
such  land  lies  any  amount  which  may  be  due  from 
time  to  time  on  the  contract,  either  for  principal,  inter- 
est, rents  or  penalty,  and  for  the  amounts  so  paid  the 
county  treasurer  shall  give  to  such  person  a duplicate 
receipt  specifying  the  amount  paid,  date  of  payment, 
whether  for  principal,  interest  or  penalty,  and  the 
fund  to  which  it  is  applicable,  the  number  of  the  con- 
tract, the  name  of  the  original  purchaser  of  the  land, 
or  the  assignee  thereof,  which  receipt  shall  be  coun- 
tersigned by  the  auditor  of  said  county,  and  have  the 
same  force  and  effect  as  if  given  by  the  state  treasurer. 
All  moneys  received  by  the  county  treasurer,  under 


STATE  OF  NORTH  DAKOTA 


185 


the  provisions  of  this  article,  shall  be  held  at  all  times 
subject  to  the  order  and  direction  of  the  state  treasurer 
for  the  benefit  of  the  funds  to  which  the  moneys  re- 
spectively belong-;  and  during  the  months  of  Januar}-, 
March,  June  and  October  of  each  year,  and  such  other 
times  as  he  may  be  requested  so  to  do  by  the  state 
treasurer,  he  shall  pay  into  the  state  treasury  ail  moneys 
received  on  account  of  such  funds  since  the  last  pay- 
ment he  may  have  made. 

Sec.  209.  BOND  OF  COUNTY  TREASURER. 
CONDITIONS  OE. — The  bond  of  each  county  treas- 
urer shall  be  conditioned  for  the  honest  and  faithful 
discharge  of  all  trusts  and  responsibility  imposed  by 
this  article,  and  for  the  faithful  payment  of  and  ac- 
counting for  all  moneys  received  by  him  under  the 
provisions  of  this  article  to  the  state  treasurer  or  any 
other  person  entitled  to  receive  the  same,  and  the  board 
of  university  and  school  lands  shall  on  or  before  the 
first  day  of  January,  following  any  election  for  county 
officers,  certify  to  the  chairman  of  the  board  of  county 
commissioners  of  each  county  the  amount  of  money 
liable  to  come  into  the  hands  of  the  treasurer  of  the 
county  under  the  provisions  of  this  article,  and  the 
board  of  county  commissioners  shall  add  to  the  amount 
of  the  sum  required  on  his  regular  official  bond  to 
the  county  double  the  sum  so  certified  by  the  board  of 
university  and  school  lands,  and  the  record  of  the. pro- 
ceedings of  such  board  of  county  commissioners  when 
fixing  the  amount  of  such  bond  shall  specify  in  two 
separate  items  the  aggregate  amount  of  the  bonds  so 
made  up,  designating  one  sum  as  the  amount  to  indem- 
nify the  county,  and  the  other  to  indemnify  the  state 
for  any  losses  incurred  by  reason  of  failure  to  comply 
with  the  provisions  of  all  laws  regulating  his  duty. 

Sec.  210.  FEES  TO  COUNTY  TREASURER.— 
County  treasurers  shall  be  entitled  to  a fee  of  one-half 
of  one  per  cent  on  each  dollar  collected  or  received 
and  remitted  by  them  in  payment  of  principal  or  in- 
terest, fines,  penalties  and  damages  on  state  lands, 
which  fee  shall  be  payable  from  the  general  fund  of 
the  class  of  lands  on  which  payment  is  made  to  such 
treasurer,  and  such  fee  shall  be  paid  to  the  county 
treasurer  on  vouchers  countersigned  by  the  county 
auditor  and  approved  by  the  commissioner  of  univer- 
sity and  school  lands  and  such  approved  vouchers  shall 
be  paid  out  of  any  appropriation  for  the  expenses 
of  appraisement  and  sale  of  such  lands. 


Treasurer’s 
bond,  condi- 
tions of. 


Compensation 
of  treasurer. 


186 


GENERAL  SCHOOL  LAWS 


Returns  from 
county  audi- 
tor. 


Commissioner 
to  furnish 
county  treas- 
urer with  list 
of  lands  sold. 


Assessors  to 
examine  lands 


Compensation 


Records  to  be 
deposited  with 
commissioner. 


Permanent 

fund. 


Sec.  211.  DUTY  OF  COUNTY  AUDITOR.— 
The  county  auditor  shall,  at  the  time  he  is  required 
by  law  to  return  abstracts  of  settlement  to  the  state 
auditor,  also  forward  to  the  land  commissioner  all  du- 
plicate or  triplicate  receipts  of  principal,  interest,  pen- 
alty or  rental  on  state  lands,  with  a certified  statement 
of  such  collection  by  the  county  treasurer,  specifying 
the  amount  of  each  item ; and  he  shall  also  make  such 
return  at  any  other  time  as  may  be  required  by  the 
board  of  university  and  school  lands. 

Sec.  212.  LIST  OF  LANDS  SOLD  TO  BE 
FURNISHED  COUNTY  TREASURER.— On  or 
before  the  first  day  of  December  in  each  year  the  com- 
missioner shall  cause  to  be  made  out  and  transmitted 
to  county  treasurers  a statement  showing  the  lands 
sold  in  their  respective  counties,  the  number  of  the 
contracts  of  purchase,  the  name  of  the  person  to  whom 
each  contract  was  issued,  and  the  amount  of  both  prin- 
cipal and  interest  due  on  each  on  the  first  day  of 
January,  together  with  such  directions,  instructions 
and  blanks  as  shall  enable  the  county  treasurers  to 
carry  out  the  provisions  of  this  article. 

Sec.  213.  TOWNSHIP  ASSESSORS  TO  EX- 
AMINE STATE  LANDS.— It  shall  be  the  duty  of 
all  township  and  district  assessors,  whenever  required 
by  the  commissioner  to  examine  and  report  on  any 
lands  designated  to  them  by  him,  in  the  manner  and 
form  prescribed  by  him,  and  for  such  examination  they 
shall  be  paid  at  the  rate  of  three  dollars  per  day  for 
time  actually  engaged,  upon  vouchers  approved  by 
the  commissioner. 

Sec.  214.  TRANSFER  OF  RECORDS  TO  COM- 
MISSIONER.— All  abstracts  and  conveyances  of  title 
to  the  state  of  North  Dakota  whether  the  said  lands 
are  held  for  penal,  .educational,  charitable,  school  or 
other  purposes,  shall  be,  by  those  in  whose  charge 
such  conveyances  now  are  or  may  come,  deposited  with 
and  remain  in  the  control  of  the  commissioner  of 
university  and  school  lands. 

Sec.  215.  PERMANENT  AND  GENERAL 
FUNDS. — The  principal  accruing  from  all  sales  of 
school,  university  or  other  state  lands  under  the  con- 
trol of  the  board  of  university  and  school  lands,  as 
provided  for  in  this  article,  shall  become  a part  of  the 
several  permanent  funds  to  which  they  respectively  be- 
long and  shall  not  be  reduced  by  any  means  whatever. 
All  moneys  received  as  interest,  for  rents,  penalties 


STATE  OF  NORTH  DAKOTA 


187 


permits  or  from  any  source  other  than  from  the  prin- 
cipal of  sales  shall  become  a part  of  the  general  or 
current  funds  to  which  they  respectively  belong  and 
shall  be  distributed  as  directed  by  law. 

Sec.  216.*  QUANTITY  OF  LANDS  TO  BE 
SOLD. — No  more  than  one-fourth  of  the  common 
school  lands  of  the  state  shall  be  sold  within  the  first 
five  years  after  they  become  saleable  under  the  pro- 
visions of  section  155  of  the  constitution,  nor  more 
than  one-half  of  the  remainder  within  ten  years  afte^ 
the  same  become  saleable  as  aforesaid.  The  residue 
may  be  sold  at  any  time  after  the  expiration  of  such 
ten  years;  provided,  however,  that  the  coal  lands  of 
the  state  shall  not  be  sold,  but  may  be  leased  under 
the  provisions  of  any  law  governing  such  leases.  The 
words  “coal  lands”  include  lands  bearing  lignite  coal. 
(See  C.  iy6,  Laws  of  ipo^,  post.) 

Sec.  217.  (Amended.)  LANDS  SUBJECT  TO 
LEASE. — All  the  common  school  lands  and  all  other 
public  lands  of  the  state  that  are  not  of  such  value 
as  will  admit  of  appraisal  at  ten  dollars  or  more  per 
acre,  at  the  time  of  any  regular  appraisal,  may  be 
leased ; provided,  that  no  leases  can  be  granted 
for  a period  longer  than  five  years,  and  only  for  pas- 
turage and  meadow  purposes,  and  at  a public  auction 
after  notice  as  hereinafter  provided;  provided,  further 
that  all  of  such  school  and  public  lands  now  under 
cultivation  may  be  leased  at  the  discretion  and  under 
the  control  of  the  board  of  university  and  school  lands 
for  other  than  pasturage  and  meadow  purposes  until 
sold;  provided,  further,  that  in  case  of  a sale  of  the 
land  so  leased  during  the  term  of  the  lease,  the  lessee 
to  be  given  ninety  days’  notice,  and  provided,  further, 
that  at  the  expiration  of  said  lease  or  within  ninety 
days  of  the  date  of  receiving  the  aforesaid  notice,  the 
said  lessee  may  remove  from  said  lands  so  leased,  all 
fences,  sheds,  water  tanks,  wind  mills,  etc.,  used  upon 
said  lands  by  said  lessee.  All  r^nts  shall  be  paid  annu- 
ally in  advance. 

Sec.  217a.  MAY  LEASE  CULTIVATED 
LANDS. — The  commissioner  of  university  and  school 
lands  is  hereby  authorized  and  empowered  to  lease 
cultivated  school  and  institution  lands  in  the  several 
counties  of  the  state  for  the  period  of  two  years  for 
the  purpose  of  summer-fallowing  the  first  year  and 
cropping  the  next,  when  in  his  opinion  it  is  necessary 
so  to  do  in  order  to  clear  the  same  of  noxious  weeds, 


General  fund. 


Limitation  on 
sale  of  lands. 


Leasing  of  un- 
cultivated 
school  lands. 


Leasing  of 

cultivated 

lands. 


188 


GENERAL  SCHOOL  LAWS 


Appraisal  of 
lands  by 
county  board 
for  purpose  of 
lease. 


Compensation 


Equalizing 

appraise- 

ments. 


Rates. 


Lands  for 
lease — how 
selected. 


said  lessee  to  pay  only  one  year’s  rent  for  the  same. 
When  any  lands  are  leased  as  above  provided  the  party 
so  leasing  the  same,  before  lease  is  approved  by  the 
board  of  university  and  school  lands,  shall  pay  to  the 
county  treasurer  of  the  county  in  which  the  land  is 
situated  the  total  amount  of  rent  therefor.  Should  the 
lessee  so  renting  the  land  as  above  provided  fail  or 
neglect  to  summer-fallow  the  same  at  the  proper  time, 
the  board  of  university  and  school  lands  in  their  dis- 
cretion may  declare  the  lease  canceled  and  the  amount 
paid  thereon  will  thereby  become  forfeited. 

Sec.  218.  APPRAISAL  FOR  LEASE  BY 
COUNTY  BOARD.— It  shall  be  the  duty  of  the  coun- 
ty board  of  appraisers,  each  and  every  year  if  so  or- 
dered, to  appraise  in  the  same  manner  as  all  other  lands 
that  are  listed  for  taxation  are  appraised,  all  the  com- 
mon school  and  other  public  lands  of  the  state 
in  their  respective  districts  that  may  be  included  in 
the  order,  making  a return  of  all  such  appraisals  to 
the  board  of  university  and  school  lands  in  the  form 
prescribed  on  blanks  furnished  by  the  board ; such 
returns  to  be  made  on  or  before  the  first  day  of  July 
of  the  same  year ; and  for  any  services  performed  as 
required  by  this  article  they  shall  be  paid  at  the  rate 
of  three  dollars  per  day,  to  be  paid  by  the  state  treas- 
urer out  of  the  funds  appropriated  for  the  current  ex- 
penses of  such  board.  It  shall  be  the  duty  of  the  board 
of  university  and  school  lands  to  equalize  the  appraise- 
ments so  returned  as  to  counties  by  adding  thereto 
or  taking  therefrom  such  a uniform  percentage  as  may 
in  its  judgment  seem  proper  and  fair  in  order  to  arrive 
at  a just  and  equitable  equalization  between  the  sev- 
eral counties,  and  upon  such  valuation  so  fixed  the 
board  of  university  and  school  lands  are  authorized  to 
fix  a per  cent  per  acre  as  the  minimum  price  at  which 
the  land  can  be  leased ; provided,  that  the  lowest  price 
of  lands  leased  for  pasturage  cannot  be  below  one-half 
of  one  per  cent  of  the  average  value  in  the  county,  and 
for  any  cultivated  lands  in  the  county  the  lowest  price 
cannot  be  below  two  and  one-half  per  cent  of  the  ap- 
praised value  of  each  cultivated  tract.  And  when  ad- 
vertising the  same  for  lease  they  shall  set  opposite  each 
description  the  value  thereof  as  equalized  by  them, 
which  valuation  shall  form  the  basis  for  leasing 
the  same. 

Sec.  219.  SELECTION  OF  LANDS  FOR 
LEASE. — The  board  of  university  and  school  lands 
shall  have  the  power,  and  it  is  hereby  made  its  duty  to 


STATE  OF  NORTH  DAKOTA 


189 


select  from  the  lands  so  appraised  such  tracts  as  in 
the  judgment  of  the  board  can  be  leased  with  profit  to 
the  school  and  other  permanent  land  funds  of  the  state, 
or  as  the  legislature  may  by  law  order  to  be  leased,  and 
shall  at  such  time  as  in  its  judgment  is  for  the  best 
interests  of  the  state,  proceed  to  advertise  for  lease 
and  offer  for  lease,  in  each  succeeding  year,  such  lands 
as  have  thus  been  selected. 

Sec.  220.  {Amended.)  ADVERTISEMENT  FOR 
LEASING. — All  such  lands  to  be  leased  or  offered  for 
lease  lying  within  the  respective  counties  shall  by  the 
board  of  university  and  school  lands  be  advertised  for 
lease  by  publication  once  a week  for  not  less  than 
sixty  days  in  some  newspaper  or  newspapers  of  gen- 
eral circulation  in  the  vicinity  of  such  lands.  Such 
advertisement  shall  contain  the  designation  or  proper 
description  of  each  tract  or  parcel  of  land  so  to  be 
leased,  the  appraised  value  of  each  tract  and  the  per 
cent  on  such  valuation  fixed  by  the  board  as  the  mini- 
mum price  at  which  such  land  can  be  leased  and  the 
terms  of  the  lease.  A copy  of  such  advertisement 
shall  also  be  posted  in  a conspicuous  place  at  the  court 
house  of  the  county,  and  a notice  of  the  time  and 
place  where  the  said  lands  are  to  be  leased  shall  also 
be  published  for  not  less  than  sixty  days  in  one  news- 
paper at  the  seat  of  government  by  such  board  of 
university  and  school  lands;  provided,  that  if  in  the 
opinion  of  the  board  there  will  not  be  sufficient  of 
such  lands  situate  in  any  county  leased  to  warrant 
the  expense  of  advertisement  in  a newspaper,  by  de- 
scription of  each  tract  or  parcel,  the  notice  may  be  given 
by  general  advertisement. 

Sec.  221.  MANNER  OF  LEASING.  BY 
WHOM  MADE.  HOW  CONDUCTED.— It  shall 
be  the  duty  of  the  commissioner  of  university  and 
school  lands,  or  such  other  person  as  may  be  appointed 
by  the  board  of  university  and  school  lands,  to  conduct 
the  leasing  of  such  lands  in  accordance  with  the  pro- 
visions of  this  article  and  such  directions  as  shall  be 
prescribed  therefor  by  the  board;  provided,  that  the 
leasing  shall  be  at  public  auction  to  the  highest  bidder 
at  the  court  house  or  place  where  terms  of  the  district 
court  are  held,  commencing  on  the  day  specified  in 
the  advertisement  for  such  lease  and  between  the  hours 
of  ten  o’clock  A.  M.  and  five  o’clock  P.  M.  to  con- 
tinue from  day  to  day  until  all  tracts  or  parcels  of  land 
advertised  for  lease  shall  have  been  leased  or  offered 
for  lease;  but  the  time  for  leasing  the  same  shall  not 


Notice  of 
leasing— how 
given. 


What  shall 
contain. 


Notice  posted. 


Leasing — how 
conducted  and 
by  whom. 


190 


GENERAL  SCHOOL  LAWS 


Couny  auditor 
clerk. 


Highest  bidder 
must  deposit 
amount  of  bid. 


Next  bid  ac- 
cepted when. 


Lease— ad- 
journment of. 


Approval  of 
■•ease. 


exceed  ten  days  in  any  county,  except  that  an  adjourn- 
ment may  be  made  over  the  Sabbath  or  any  legal  holi- 
day. In  counties  where  a large  number  of  tracts  of 
land  are  to  be  leased  the  land  situated  in  certain  town- 
ships may  be  designated  in  the  advertisement  to  be 
leased  on  certain  specified  days  and  in  such  case  such 
lands  shall  be  leased  or  offered  for  lease  on  such  speci- 
fied days,  or  for  want  of  time  for  the  leasing  or  offering 
for  lease  of  all  such  designated  lands  the  leasing  of  those 
unoffered  may  be  adjourned  until  the  following  day 
or  days,  when  they  must  be  the  first  lands  offered  for 
lease.  Such  lands  as  shall  not  have  been  specially  sub- 
divided shall  be  leased  or  offered  for  lease  in  tracts 
of  one-quarter  section  each,  and  those  so  subdivided 
in  the  smallest  subdivision  thereof.  Notice  must  be 
given  when  the  land  is  offered  that  all  bids  are  subject 
to  approval  of  the  board.  At  the  time-  of  offering  the 
lands  for  lease  the  county  auditor  of  the  county  shall 
act  as  clerk,  and  it  shall  be  his  duty  to  make  report 
thereof,  stating  the  terms  of  such  leasing,  as  is  pre- 
scribed in  section  190  for  making  reports  of  sales. 

Sec.  222.  BIDDERS  TO  PAY  FIRST  YEAR'S 
RENT  AT  TIME  OF  LEASING.  PROVISIONS 
FOR  FAILURE  TO  PAY.— The  highest  bidder  for 
any  parcel  of  land  shall  at  once  deposit  the  amount  of 
his  bid  with  the  county  treasurer,  who  shall  act  as 
treasurer  of  said  leasing,  failing  to  do  which  the  bid 
of  the  next  highest  bidder  shall  be  accepted  under  like 
conditions ; provided,  his  bid  shall  not  be  less  than 
the  minimum  price  as  fixed  under  and  in  pursuance 
of  section  218. 

Sec.  223.  ADJOURNMENT  OF  LEASE.— 
Whenever  the  board  of  university  and  school  lands 
finds  that  the  interests  of  the  state  will  be  subserved 
by  the  adjournment  of  the  time  for  offering  lands  for 
lease,  the  authority  conferred  by  section  188  for  ad- 
journment of  sales  is  made  applicable  to  the  leasing 
of  lands. 

Sec.  224.  APPROVAL  OF  LEASE  AND  EXE- 
CUTION OF  CONTRACT  FOR  LEASE.  THE 
BOARD  OF  UNIVERSITY  AND  SCHOOL 
LANDS  TO  PIAVE  POWER  TO  LEASE  TO  AP- 
PLICANTS IN  CERTAIN  CASES.— Immediately 
upon  receipt  of  the  report  of  the  county  auditor  as  re- 
quired by  this  article,  the  board  of  university  and  school 
lands  shall  approve  and  confirm  the  lease  of  all  such 
tracts  as  in  its  judgment  should  be  made,  and  shall 
at  once  certify  a list  of  the  approved  leases  to  the  com- 


STATE  OF  NORTH  DAKOTA 


191 


missioner,  who  shall  without  delay  execute  duplicate 
contracts  of  lease  in  the  form  prescribed  by  the  board, 
and  forward  to  the  lessee  a copy  marked  ‘‘duplicate,” 
the  “original”  being  filed  in  the  office  of  the  commis- 
sioner, who  shall  also  forthwith  certify  to  the  auditor 
of  the  proper  county,  a list  of  such  leases  as  have 
been  approved  by  the  board.  In  case  any  of  the  lands 
in  any  county  remain  unleased  after  the  date  adver- 
tised for  the  leasing,  the  board  shall  have  authority  to 
make  contracts  of  lease  for  said  lands  to  the  first  ap- 
plicant therefor  at  not  less  than  the  minimum  price 
thereof. 

Sec.  225.  (Amended.)  LESSEE  NOT  TO  DE- 
STROY TIMBER. — No  lessee  of  any  of  .he  common 
school  or  public  lands  of  the  state,  or  his  heirs  or  as- 
signs, shall  cut  down  or  take  away  from  such  tract 
any  timber,  trees  or  wood,  or  suffer  or  cause  the  same 
to  be  done  by  any  person,  except  that  such  lessee 
may  cut  down  or  use  such  amount  of  dead  or  pros- 
trate trees,  or  timber  as  may  be  sufficient  to  supply  him 
with  fuel  for  his  family,  or  the  families  of  his  em- 
ployes actually  residing  upon  said  tract,  and  further, 
that  such  lessee,  his  representative  or  assigns  may, 
during  his  term  or  within  a reasonable  time  thereafter 
remove  any  pump,  curbing,  fencing,  or  any  other  im- 
provement he  may  have  placed  thereon  or  received 
from  any  preceding  occupant  or  lessee  of  the  land. 
Any  lessee  violating  the  provisions  of  this  section  shall 
forfeit  his  lease  and  all  rights  and  interests  thereunder, 
and  shall  be  liable  to  the  state  for  damages  sustained 
by  the  state  by  reason  thereof  and  shall  be  guilty  of 
a misdemeanor. 

Sec.  226.  LESSEE  NOT  TO  BREAK  UNCUL- 
TIVATED LAND. — No  lessee,  or  the  heirs  or  as- 
signs of  any  lessee,  of  any  of  the  common  school  or 
public  lands  of  this  state,  leased  for  meadow  or  pas- 
turage purposes,  or  of  school  or  public  lands  leased 
for  the  purpose  of  cultivation,  which  may  contain  any 
uncultivated  or  unbroken  land,  shall  break,  plow  or 
cultivate  any  unbroken  land  on  any  tract  so  leased, 
or  cause  or  suffer  it  to  be  done  by  any  other  person. 
And  any  lessee,  or  his  heirs  or  assigns,  who  shall 
violate  the  provisions  of  this  section  shall  incur  the 
same  forfeitures  and  liabilities  as  are  provided  in  the 
preceding  section,  and  shall  also  be  guilty  of  a mis- 
demeanor. 


Contract. 


When  board 
may  lease. 


Timber— what 
lessee  may 
use. 


Removal  of 
improvements 


Penalty  for 
violation  of 
law. 


TJncultlrated 
land  must  not 
be  broken. 


Penalty. 


192 


GENERAL  SCHOOL  LAWS 


Hay— when 
may  be  cut. 


Authority  of 
board  over 
hay  and  tim- 
ber. 


Trespass- 
action  for. 


Willful  tres- 
pass. 


Y7 bat  is. 


Sec.  227.  HAY  NOT  TO  BE  CUT  BEFORE 
JULY  FIRST. — No  lessee  or  his  heirs  or  assigns,  shall 
mow  or  cut  for  hay  or  feed  any  grass  on  any  un- 
broken land,  or  cause  or  suffer  the  same  to  be  done 
by  any  other  person  prior  to  the  first  day  of  July  in 
any  year.  And  any  lessee  or  his  heirs  or  assigns,  who 
shall  violate  the  provisions  of  this  section  shall  incur 
the  same  forfeitures  and  liabilities  as  are  provided 
in  section  225,  and  shall  also  be  guilt}^  of  a misde- 
meanor. 

Sec.  228.  BOARD  OF  UNIVERSITY  AND 
SCHOOL  LANDS  TO  GRANT  PERMITS  TO 
CUT  HAY  AND  REMOVE  DEAD  AND  DOWN 
TIMBER. — The  board  shall  have  authority,  when  in 
its  judgment  it  is  for  the  best  interests  of  the  state  so 
to  do,  to  sell  the  right  to  cut  grass  on  any  of  the  public 
lands  of  the  state  and  sell  any  down  and  dead  timber 
on  said  lands  for  such  price,  terms  and  conditions  as 
they  may  think  proper,  but  no  dead  timber,  if  stand- 
ing, shall  be  deemed  to'  be  included  in  the  sale  unless 
expressly  so  specified  in  the  permit.  All  such  permits 
shall  only  be  for  the  current  season  and  between  the 
fifteenth  day  of  June  and  the  first  day  of  April  of  the 
following  year ; and  no  control  of  rights  of  occupancy 
of  said  land  shall  be  other  than  what  is  specified  in  such 
permit ; said  permit  shall  be  sold  by  the  several  county 
treasurers,  whose  duties  and  compensation  shall  be 
prescribed  by  the  board  of  university  and  school  lands, 
but  said  compensation  shall  be  based  upon  a percent- 
age of  amounts  of  money  collected  and  remitted  to  the 
state  treasurer  from  said  sale  of  grass  and  timber  in 
their  respective  counties.  All  permits  shall  be  paid  for 
in  advance. 

Sec.  229.  TRESPASS  UPON  PUBLIC  LANDS. 
CIVIL  ACTION  FOR. — Whoever  commits  any  tres- 
pass upon  any  of  the  lands  owned,  or  held  in  trust, 
or  otherwise  by  the  state  shall  be  liable  in  treble  dam- 
ages in  an  action  to  be  brought  in  the  name  of  the 
state,  if  such  trespass  is  adjudged  to  have  been  willful ; 
but  single  damages  only  shall  be  recovered  in  such  ac- 
tion if  such  trespass  is  adjudged  to  have  been  casual 
and  involuntary. 

Sec.  230.  WILLFUL  TRESPASS.  PENALTY.— 
Whoever  commits  any  willful  trespass  upon  any  of  the 
lands  owned  or  held  in  trust  or  otherwise  by  this  state, 
either  by  cutting  down  or  destroying  any  timber  or 
wood  standing  or  growing  thereon,  or  by  carrying 
away  any. timber  or  wood  therefrom,  or  by  mowing  or 


STATE  OF  NORTH  DAKOTA 


193 


cutting  or  removing  any  hay  or  grass  standing  or 
growing  or  being  thereon,  or  who  injures  or  removes 
any  buildings,  fences,  improvements  or  other  property 
belonging  or  appertaining  to  said  land  or  unlawfully 
breaks  or  cultivates  any  of  said  lands  or  aids,  directs 
or  countenances  such  trespass  or  other  injury  shall  be 
deemed  guilty  of  a misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  imprisonment  in  the  coun- 
ty jail  not  more  than  one  year,  or  by  fine  not  exceeding 
five  hundred  dollars,  or  both  such  fine  and  imprison- 
ment, in  the  discretion  of  the  court.  And  whoever  is 
occupying,  residing  upon  or  in  possession  of  any 
school  or  other  public  lands  owned  or  held  in  trust  or 
otherwise  by  the  state  at  the  time  of  the  passage,  ap- 
proval and  taking  effect  of  this  act  without  a valid 
lease  therefor  shall  be  deemed  and  held  to  be  a willful 
trespasser  thereon,  and  guilty  of  trespass  upon  such 
land,  and  upon  conviction  thereof  shall  be  punished 
as  provided  for  in  this  section  for  any  other  act  of 
trespass. 

Sec.  231.  PROPERTY  TO  BE  SEIZED.— In 
addition  to  the  penalties  provided  for  in  this  article 
against  those  committing  trespass  upon  any  of  the 
lands  owned  or  held  in  trust  or  otherwise  by  this  state, 
the  commissioner  is  authorized  and  empowered  with- 
out legal  process  to  seize  and  take,  or  cause  to  be  seized 
and  taken  any  and  all  timber,  grass,  wood  or  other 
property  unlawfully  severed  from  such  lands,  whether 
the  same  has  been  removed  from  such  lands  or  not, 
and  may  dispose  of  the  property  so  seized  and  taken, 
either  at  public  or  private  sale,  , in  such  man- 
ner as  will  be  most  conducive  to  the  interests  of  the 
state ; and  all  moneys  arising  therefrom  after  deduct- 
ing the  reasonable  and  necessary  expenses  of  such  seiz- 
ure and  sale  shall  be  made  a part  of  the  general  fund 
belonging  to  the  public  lands  and  shall  be  distributed 
in  accordance  with  the  provisions  of  this  article. 

Sec.  232.  DAMAGES. — All  damages  3*ecovered 
for  any  trespass,  or  other  injury  upon  or  to  any  of 
the  lands  mentioned  in  this  article,  shall  be  paid  over 
to  the  state  treasurer  for  the  benefit  of  the  general 
fund  to  which  the  same  properly  belongs. 

Sec.  233.  STATE’S  ATTORNEY  TO  PROSE- 
CUTE AND  REPORT. — The  state’s  attorneys  of  the 
several  counties  shall  promptly  report  to  the  commis- 
sioner all  cases  of  trespass  committed  upon  such 
lands,  which  may  come  to  their  knowledge,  and  shall, 
when  directed  by  the  attorney  general,  prosecute  all 


Penalty. 


Willful  tres- 
passer—who  Is 


Property  sev- 
ered from 
public  land  to 
be  seized. 


Proceeds  to  go 
to  general 
fund. 


Damages  go 
to  general 
fund. 


State’s  attor- 
ney shall 
prosecute 
trespassers. 


School  Daws— 13 


194 


GENERAL  SCHOOL  LAWS 


Expenses  of 
sale  paid  by 
state. 


Appropriation 
for  leasing 
lauds. 


Fees. 


Must  be  paid 
in  advance. 


Expenses  of 
board—  appro- 
priation for. 


actions  for  any  trespass  or  injury  thereto,  or  for  re- 
covery of  possession  thereof,  or  otherwise. 

Sec.  234.  EXPENSES  OF  SALE,  HOW  PAID. 
— The  expenses  of  publishing  notices  of  the  sale  of  the 
university,  school  and  all  other  public  lands  of  the 
state  shall  be  paid  by  the  state  treasurer  upon  the  war- 
rant of  the  state  auditor  out  of  the  general  or  current 
funds  of  the  different  institutions  as  designated  in  sec- 
tion 215,  and  such  expenses  shall  be  apportioned  ac- 
cording to  the  receipts  credited  each  fund  from  pro- 
ceeds of  each  and  every  sale.  All  bills  for  such  pub- 
lishing shall  be  verified  by  the  publisher  and  approved 
by  the  board  of  university  and  school  lands. 

Sec.  234a.  EXPENSE  OF  ADVERTISING  AND 
LEASING. — There  is  hereby  annually  appropriated 
out  of  any  funds  in  the  treasury  not  otherwise  appro- 
priated the  sum  of  two  thousand  dollars,  or  so  much 
thereof  as  may  be  found  necessary,  for  the  purpose 
of  paying  the  expense  of  advertising  the  common 
school  lands  for  lease  and  Ihe  attendant  expense  of 
leasing  the  same. 

Sec.  234b.  {Amended.)  FEES  FOR  SERVICE. 
DUTY  OF  COUNTY  TREASURERS.— It  shall  be 
the  duty  of  the  commisioner  of  university  and  school 
lands  to  charge  and  collect  the  following  fees : For 

each  one  year  lease  of  school  or  other  state 
lands,  $1.50.  For  each  lease  for  a period  of  more  than 
one  year,  $3.  For  each  contract  for  lands  purchased, 
$5.  For  each  patent,  $5.  For  approving  and  record- 
ing each  assignment  of  school  land  contract,  $5.  For 
furnishing  certified  copies  of  school  land  contracts,  $3. 
All  fees  must  be  paid  in  advance  and  when  collected 
must  be  paid  into  the  state  treasury  at  the  end  of  each 
month  and  be  placed  to  the  credit  of  the  expense  fund 
of  the  board  of  university  and  school  lands.  It  shall 
be  the  duty  of  the  county  treasurer  of  any  county 
where  any  such  lands  are  leased  or  sold  to  collect  the 
fees  hereinbefore  provided  for  at  the  time  the  first 
payment  thereon  is  made  for  leases  and  contracts  of 
sale  and  transmit  the  same  to  the  commissioner  on 
the  first  day  of  each  month. 

Sec.  235.  APPROPRIATION  FOR  EX- 

PENSES OF  BOARD. — There  is  hereby  annually 
appropriated  out  of  any  funds  in  the  treasury  not  oth- 
erwise appropriated  the  sum  of  five  thousand  dollars 
or  so  much  thereof  as  may  be  found  necessary,  for 
the  salaries  and  expenses  of  the  commissioner  of  univer- 
sity and  school  lands,  clerk  hire,  record  books,  blanks 


STATE  OF  NORTH  DAKOTA 


195 


and  all  such  other  expenses  as  shall  be  necessarily  in- 
curred by  the  board  of  university  and  school  lands  in 
carrying  out  the  provisoins  of  this  article,  and  such 
expenses  shall  be  paid  out  of  the  treasury,  and  upon 
satisfactory  vouchers  therefor  the  state  auditor  shall 
issue  his  warrant  for  the  same. 

FUNDS  OF  AGRICULTURAL  COLLEGE  AND 
DEAF  AND  DUMB  ASYLUM. 

{Chapter  138,  Laws  of  ipoi.) 

Section  1.  STATE  AUDITOR  TO  PAY  OVER 
FUNDS. — All  moneys  received  as  interest  for 
rents,  penalties,  permits  or  from  any  other  source 
than  from  the  principal  of  sales  of  agricultural 
college  lands,  and  lands  belonging  to  the  deaf  and 
dumb  asylum,  state  university  and  school  of  mines, 
shall  be  paid  over  to  the  respective  institution  treasur- 
ers of  the  agricultural  college,  deaf  and  dumb  asylum 
and  state  university  and  school  of  mines  upon  the  war- 
rant of  the  state  auditor  on  the  first  day  of  January, 
April,  July  and  October  in  each  year. 

Sec.  2.  FUNDS  SUBJECT  TO  ORDER  OF.— 
The  funds  herein  referred  to  shall  be  subject  to  the 
order  of  the  respective  boards  of  trustees  of  each  in- 
stitution herein  mentioned  and  shall  be  used  for  the 
maintenance  of  such  institutions. 

APPROPRIATION  FOR  SELLING  SCHOOL 
LANDS. 

{Chapter  13,  Laws  of  ipoi.) 

Section  1.  APPROPRIATION.— There  is  hereby 
annually  appropriated  out  of  any  funds  in  the  treasury 
not  otherwise  appropriated,  the  sum  of  four  thousand 
dollars,  or  so  much  thereof  as  may  be  found  necessary 
for  the  purpose  of  paying  the  expense  of  appraising, 
advertising  and  selling  common  school,  institution  or 
other  lands,  under  the  control  of  the  board  of  univer- 
sity and  school  lands. 

LEASING  SCHOOL  LANDS  FOR  COAL 
MINING. 

{Chapter  iy6,  Laws  of  1903.) 

Sec.  1.  BOARD  EMPOWERED  TO  LEASE.— 
The  board  of  university  and  school  lands  is  hereby 
authorized  and  empowered  to  lease  for  coal  mining 


Funds — when 
paid  over. 


Subject  to 
whose  order. 


Appropriation 
for  sale  of 
lands. 


Lands  may  be 
leased  for 
mining  pur- 
poses. 


196 


GENERAL  SCHOOL  LAWS 


Manner  of 
leasing. 


Price  to  be 
paid. 


Rules  for  de- 
termining ren- 
tal. 


Right  to  rent 
surface  to  be 
reserved. 


purposes  any  lands  under  its  control  designated  as 
common  school  lands  and  all  other  public  lands  of  the 
state  owned  or  held  in  trust  by  the  state  or  granted 
to  any  public  institution  of  the  state,  which  contain 
coal  including  therein  lignite  coal.  Any  lease  so 
made  shall  be  for  such  period  of  time  as  such  board 
may  determine. 

Sec.  2.  HOW  ADVERTISED.— The  manner  of 
advertising  and  of  leasing  such  lands  for  coal  mining 
purposes  and  approval  and  execution  thereof,  shall  be 
the  same  as  provided  in  sections  220,  221  and  224  of 
the  revised  codes  of  1899. 

Sec.  3.  MINIMUM  PRICE.— Such  lands  shall 
not  be  leased  for  coal  mining  purposes  for  a less  sum 
than  ten  cents  per  ton  of  2240  pounds  for  each  and 
every  ton  of  coal  mined  thereon ; provided,  that  no  lease 
of  any  such  land  for  such  purpose  shall  be  made  for 
less  than  $10  per  annum  for  each  and  every  forty 
acre  tract  or  fraction  thereof,  it  being  expressly  pro- 
vided that  at  the  time  of  the  making  and  execution 
of  such  lease  and  annually  thereafter,  there  shall  be 
paid  by  the  lessee  an  amount  equal  to  $10  for  every 
forty  acre  tract  of  land  so  leased  or  any  fraction  there- 
of to  the  person  and  in  the  manner  prescribed  herein 
or  by  the  rules  and  regulations  of  the  board  of  univer- 
sity and  school  lands ; it  being  further  provided  that 
upon  such  lessee  mining  any  coal  or  lignite  coal  there- 
on during  a period  of  one  year  from  and  after  the 
date  of  such  payment,  such  lessee  shall  have  credit  up- 
on the  amount  due  under  the  terms  of  such  lease  on 
tonnage  for  the  amount  paid  at  the  execution  of 
such  lease  or  at  the  time  of  the  annual  payment  there- 
after made  as  hereinbefore  provided ; the  amount  re- 
ceived for  the  lease  of  any  such  land  for  coal  mining 
purposes  to  be  used  in  the  same  manner  and  for  the 
same  purpose  as  is  provided  for  other  money  received 
for  the  lease  of  common  school  and  other  public  lands. 

Sec.  4.  BOARD  AUTHORIZED  TO  MAKE 
RULES. — The  board  of  university  and  school  lands 
is  hereby  authorized  to  make  such  rules  and  regula- 
tions as  shall  be  by  it  deemed  necessary  for  the  manner 
of  determining  the  amount  of  rent  due  under  any  such 
lease,  the  manner  and  time  of  payment  and  for  such 
other  conduct  of  the  business  of  such  leasing  not  in  con- 
flict with  the  provisions  of  the  law  now  in  force. 

Sec.  5.  LEASE  NOT  TO  INTERFERE  WITH 
RIGHTS  TO  LEASE  FOR  PASTURE  OR 
MEADOW. — The  leasing  of  any  such  land  for  coal 


STATE  OF  NORTH  DAKOTA 


197 


mining  purposes  shall  not  interfere  with  the  right  and 
authority  of  such  board  to  lease  the  same  land  for  pas- 
ture or  meadow  purposes,  and  each  and  every  lease 
so  made  for  coal  mining  purposes  shall  contain  therein 
a provision  plainlj  and  explicitly  reserving  to  such 
board  the  right  to  so  rent  such  lands  for  pasture  and 
meadow  purposes  without  such  renting  in  any  man- 
ner affecting  the  conditions  or  terms  of  such  lease  for 
coal  mining  purposes,  and  reserving  to  the  said  board 
the  right  to  use,  occupy  and  lease  the  surface  of  all 
such  lands ; provided,  that  any  such  lessee  for  coal 
mining  purposes  shall  have  the  right  to  the  use  and 
occupancy  of  so  much  of  the  surface  of  such  lands 
as  may  be  necessary  for  entry,  dumps,  buildings,  tram- 
ways or  other  railways,  roadways  or  uses  in  the  min- 
ing, storing  and  shipping  of  coal  mined  thereon. 

Sec.  6.  LEASING  RESTRICTED.— No  leases 
shall  be  made  of  any  such  lands  having  coal  or  lignite 
coal  thereon  for  pasture  or  meadow  purposes,  except 
there  shall  be  contained  in  such  lease  a provision  au- 
thorizing the  leasing  of  the  same  land  for  coal  min- 
ing purposes  and  reserving  to  the  said  board  the  right 
to  use  and  occupy,  or  lease  for  use  and  occupancy, 
and  authorizing  the  use  and  occupancy  of  so  much 
of  the  surface  of  said  land  as  shall  be  required  by 
any  lessee  of  the  same  for  coal  mining  purposes,  for 
the  use  and  purposes  set  forth  in  section  5 of  this  act. 

Sec.  7.  BOARD  TO  MAKE  SCHEDULE  OF 
LANDS. — The  board  of  university  and  school  lands 
shall,  as  soon  as  possible,  and  by  the  best  means  at  its 
command,  and  with  the  assistance  of  the  state  geolo- 
gist, proceed  to  ascertain  and  determine  the  quantity 
and  description  of  all  common  school  or  other  public 
lands  under  its  control,  on  which  coal  or  lignite  coal 
exists,  and  make  and  compile  a statement  and  schedule 
of  ail  such  lands. 

Sec.  8.  PENALTY  FOR  VIOLATION.— Any 
person,  firm  or  corporation  who  shall  mine, 

remove  or  cause  to  be  mined  or  removed,  from  any 
common  school  land,  or  other  public  lands 
of  the  state,  any  coal  or  lignite  coal,  except 
the  same  shall  be  so  mined  or  removed  under 
and  by  virtue  of  the  terms  of  this  act,  shall  be  liable 
to  the  state  of  North  Dakota  in  damages  in  the  sum 
of  one  dollar  for  each  and  every  ton  of  coal  or  lignite 
coal  so  mined  and  removed,  and  shall  be  deemed 
guilty  of  a misdemeanor  and,  upon  conviction  thereof, 
shall  be  punished  by  a fine  of  not  less  than  two  hun- 


Exception. 


Restrictions. 


Schedule  of 
lands. 


Mining  with- 
out lease — 
penalty  for. 


198 


GENERAL  SCHOOL  LAWS 


Sinking  fund 
from  what 
created. 


How. 


Investment  of 
fund. 


dred  and  fifty  dollars,  nor  more  than  one  thousand 
dollars,  or  by  imprisonment  in  the  county  jail  for  not  less 
than  thirty  days  nor  more  than  one  year  or  by  both 
such  fine  and  imprisonment;  each  and  every  day  or 
fraction  of  a day  so  occupied  in  mining  or  removing 
such  coal  or  lignite  coal  from  any  such  land,  is  hereby 
declared  to  be  a separate  offense  against  the  provi- 
sions of  this  act. 

SINKING  FUND  TO  PAY  BONDS  OF  STATE 
INSTITUTIONS. 

{Chapter  184^  Laws  of  ipoj.) 

Sec.  1.  SINKING  FUND  CREATED.  DU- 
TIES OF  BOARD. — For  the  purpose  of  providing 
for  the  payment  of  bonds  issued  by  state  institutions 
and  the  interest  thereon  it  shall  be  the  duty  of  the 
board  of  university  and  school  lands,  and  such  board 
is  hereby  directed  to  create  a sinking  fund  from  the 
interest  and  income  arising  from  the  sale,  rental,  or 
lease  of  the  public  lands  selected  for  and  granted  to 
any  such  state  institution,  as  follows : Such  board  of 

university  and  school  lands  shall  set  apart  and  con- 
vert into  a sinking  fund  to  the  credit  of  each  of  such 
state  institutions  an  equal  sum  of  money  each  year 
during  the  first  half  pf  the  period  for  which  such  bonds 
are  issued,  the  aggregate  amount  of  such  sums  so 
set  apart  shall  equal  one-third  of  the  sum  of  money 
for  which  such  bonds  may  be,  or  have  been,  issued. 
Such  board  shall  in  like  manner  as  in  this  section  pro- 
vided set  apart  an  equal  sum  of  money  each  year  dur- 
ing the  second  half  of  the  period  for  which  such  bonds 
are  issued,  the  aggregate  sum  of  which  shall  equal 
the  remaining  two-thirds  of  the  sum  of  money  for 
which  such  bonds  may  be,  or  have  been  issued. 

Sec.  2.  INVESTED,'  HOW.— Such  sinking  fund 
shall  be  invested  by  the  board  of  university  and  school 
lands  from  time  to  time  under  the  same  conditions 
and  on  the  same  terms  as  is  provided  by  section  172 
of  the  revised  codes  of  North  Dakota  in  relation  to 
the  permanent  funds  of  such  state  educational,  chari- 
table and  other  state  institutions ; provided,  that  all 
interest  received  from  the  investment  of  such  sinking 
fund  shall  accure  to  the  credit  of  the  institution  issu- 
ing the  bond  for  which  such  fund  is  created,  and 
such  interest  and  sinking  fund  shall  be  first  applied 
annually  toward  discharging  the  interest  arising  on 
such  bonds;  provided,  further,  that  all  interest  and 


STATE  OF  NORTH  DAKOTA 


199 


income  arising  from  the  sale,  rental  or  lease  of  such 
lands  in  excess  of  such  sums  as  may  be  required 
to  comply  with  the  provisions  of  this  act  shall  be  re- 
mitted to  the  treasurers  of  such  state  educational,  char- 
itable or  other  state  institutions  as  provided  by  chap- 
ter 138,  session  laws  of  1901. 

Sec.  3.  BONDS  TO  BE  RETIRED.  EXCEP- 
TION.— It  shall  be  the  duty  of  the  board  of  univer- 
sity and  school  lands,  and  they  are  hereby  directed, 
whenever  there  are  sufficient  funds  accumulated  in  the 
sinking  funds  of  any  of  the  institutions  named  in  this 
act,  to  retire  one  or  more  of  the  bonds  of  such  insti- 
tutions, and  to  purchase  and  retire  from  time  to  time 
such  bond  or  bonds  as  can  be  paid  from  the  sinking 
fund  created  for  the  purpose  of  retiring  such  bonds ; 
provided,  however,  that  such  bonds  are  in  the  pos- 
session or  under  the  control  of  such  board  of  university 
and  school  lands.  The  provisions  of  this  section  shall 
not  apply  to  the  payment  and  retirement  of  the  bonds 
of  any  state  institution,  where  by  law  payment  of  Exception, 
bonds  issued  have  been  or  may  hereafter  be  otherwise 
provided  for. 

Sec.  4.  REPEAL. — All  acts  or  parts  of  acts  in 
conflict  with  any  of  the  provisions  of  this  act  are  hereby 
repealed. 


200 


GENERAL  SCHOOL  LAWS 


APPENDICES 


APPENDIX  A 


SPECIAL  LAWS. 

The  fol'k)wing  special  laws  enacted  by  the  legislative  assembly 
from  1877  to  June  20,  1886,  pertaining  to  the  organization  and 
government  of  independent  school  districts  and  acts  amendatory 
thereof  are  in  full  force  and  effect,  towit : 

(a)  ‘‘An  act  providing  a board  of  education  for  the  city  of 
Fargo,  Dakota  Territory,  and  regulating  the  management  of  the 
public  schools  therein,”  approved  February  20,  1879. 

(b)  “An  act  providing  for  a school  board  for  the  city  of  Lis-' 
bon,  and  for  other  purposes,”  approved  March  13,  1885. 

(c)  “An  act  to  create  certain  territory  now  within  the  school 
township  of  Brightwood,  Richland  County,  Dakota  Territory,  as 
an  independent  school  district.  No.  1 (Hankinson),  Richland  county, 
Dakota  Territory,”  approved  March  13,  1885. 

(d)  “An  act  establishing  the  independent  school  district  of  Wal- 
cott, Richland  county,  Dakota  territory,”  approved  March  13,  1885. 

All  other  special  and  private  laws  pertaining  to  the  establishment 
and  management  of  scIkooIs  in  that  portion  of  the  territory  of  Dakota 
which  now  constitutes  the  state  of  North  Dakota,  have  expired 
by  their  own  limitation,  or  otherwise. 


APPENDIX  B 


STATUTES  NOT  INCLUDED  IN  SCHOOL  LAWS. 

PENALTY  FOR  FAILURE  TO  MAKE  REPORTS. 

Sec.  306.  PENALTY. — Any  county,  city,  village,  civil  town- 
ship, school  township  or  school  district  officer,  who  is  required 
by  law  to  make  an  official  report  to  any  other  county,  city,  village, 
civil  township,  school  township  or  school  district  officer,  board 
tribunal  or  state  officer,  and  who  wilfully  neglects  to  make  such 
report,  or  fails  to  perform  such  official  duties,  shall  forfeit  and 
pay  to  the  state  a penalty  of  not  less  than  ten  nor  more  than  two 


STATE  OF  NORTH  DAKOTA 


201 


hundred  dollars,  to  be  recovered  from  such  delinquent  officer,  or 
from  him  and  the  sureties  upon  his  official  bond,  in  a civil  action 
to  be  brought  by  the  state’s  attorney  in  any  court  of  record  hav- 
ing jurisdiction. 

Sec.  307.  EXAMINATION  OF  RECORDS.  STATE’S  AT- 
TORNEY TO  PROSECUTE.— It  shall  be  the  duty  of  the  board 
of  county  commissioners  and  the  state’s  attorney  in  each  county 
to  examine  the  records  of  the  several  county  officers  at  the  end 
of  the  officer’s  term  of  office  to  see  that  they  have  been  properly 
kept.  Any  failure  must  be  remedied  or  it  shall  become  the  duty 
of  the  state’s  attorney  to  prosecute  any  such  officer  for  neglect 
as  provided  in  the  last  section.  It  shall  also  be  the  duty  of  the 
city  council,  board  of  aldermen,  village  trustees,  civil  township  super- 
visors, school  township  or  school  district  board,  as  the  case  may  be, 
to  examine  the  records  of  their  several  officers  in  a like  manner, 
or  upon  complaint  by  the  proper  board  the  state’s  attorney  shall 
prosecute  as  provided  in  the  last  section. 

Sec.  308.  BLANKS  TO  BE  FURNISHED.— It  shall  be  thq 
duty  of  the  county,  city,  village,  civil  township,  school  township  or 
school  district  officers  to  provide  at  the  expense  of  the  county,  city, 
village,  civil  township,  school  township  or  school  district,  such 
blanks  and  records  as  are  necessary  for  making  the  proper  record 
and  the  transaction  of  any  official  business  connected  with  his 
office. 

FILING  BOND  OF  TREASURER. 

Sec.  346.  BONDS  OF  TOWNSHIP  AND  SCHOOL  DIS- 
TRICT OFFICERS. — It  shall  be  the  duty  of  each  county  auditor  on 
or  before  the  first  day  of  March  in  each  year  to  procure  the  proper 
blank  bonds  and  send  them  to  the  clerk  of  each  township  and 
school  district,  and  all  such  officers  required  by  law  to  give  bonds 
shall  procure  such  bonds  from  the  proper  clerk ; and  shall  imme- 
diately after  the  execution  and  approval  thereof  hand  the  same 
to  the  clerk  of  the  township,  whose  duty  it  shall  be  forthwith  to 
file  such  bonds,  except  those  of  justices  of  the  peace,  with  the 
county  auditor,  and  the  county  auditor  shall  on  receipt  thereof 
examine  such  bonds  and  see  that  they  are  properly  executed  and,  if 
he  finds  that  any  bonds  are  not  executed  according  to  law,  he  shall 
note  thereon  any  errors  and  return  them  to  the  clerk  for  correction, 
and  it  is  hereby  made  the  duty  of  the  clerk  to  have  such  bonds 
corrected  forthwith  and  return  the  same  to  the  county  auditor.  The 
county  auditor  shall  not  issue  any  order  upon  the  county  treasurer 
for  funds  or  money  belonging  to  a civil  township  or  school  district 
to  any  person  as  treasurer  of  such  township  or  school  district  until 
his  bond  has  been  filed  as  in  this  section  provided. 


202 


GENERAL  SCHOOL  LAWS 


BONDS. 

Sec.  2474.  BONDED  INDEBTEDNESS,  EOR  WHAT  IN- 
CURRED. LIMIT  OE. — Any  city  or  municipal  corporation  in  this 
state  may  incur  a bonded  indebtedness  for  the  purpose  of  erecting 
public  school  buildings  and  other  buildings  for  city  purposes,  pur- 
chasing fire  apparatus,  putting  in  waterworks,  sinking  public  wells, 
or  cisterns  and  putting  in  sewers  and  improving  streets,  which 
said  indebtedness,  together  with  the  indebtedness  which  then  exists 
shall  not,  except  as  otherwise  provided,  exceed  five  per  cent  of 
the  assessed  valuation  of  the  taxable  property  in  such  city  or  muni- 
cipal corporation  as  shown  by  the  return  of  the  assessor  for  the  year 
next  preceding  the  time  at  which  such  indebtedness  shall  be  incurred. 

Sec.  2475.  BONDS,  HOW  ISSUED.  ELECTION.— The 

bonds  issued  for  the  purposes  mentioned  in  the  last  section  shall 
be  issued  by  the  city  council  or  board  of  trustees  of  any  city  or 
municipal  corporation  only  upon  a majority  vote  of  the  qualified 
electors  of  such  city  or  municipal  corporation  voting  thereon  at 
an  election  regularly  called  for  that  purpose  and  in  accordance 
with  the  provisions  of  the  charter  of  such  city  or  municipal  cor- 
poration governing  the  issuance  and  sale  of  bonds ; provided,  that 
in  all  cities  and  municipal  corporations  where  the  charter  does  not 
provide  for  the  manner  of  calling  and  holding  an  election  for  the 
purpose  aforesaid,  a special  election  shall  be  called  and  held  as 
herein  provided,  or  such  question  may  be  submitted  at  any  annual 
election.  The  city  council  or  board  of  trustees  at  any  regular  meet- 
ing thereof  may  decide  to  call  a special  election  to  vote  bonds  for 
any  of  the  purposes  stated  in  section  2474,  and  they  shall  give  at 
least  fifteen  days’  public  notice  of  such  election  by  at  least  two  publi- 
cations thereof  in  a weekly  newspaper  published  therein,  or  if  there 
is  no  such  newspaper  then  by  posting  such  notice  in  five  public 
places  in  such  city.  Such  notice  shall  state  the  amount  and  denom- 
ination of  the  bonds  to  be  voted  for,  the  rate  of  interest  thereof, 
the  purpose  for  which  such  bonds  are  to  be  issued,  the  form  of  the 
ballots  to  be  used  and  the  time  and  place  of  holding  such  election. 
The  judges  and  clerks  shall  be  appointed  and  the  election  shall  be 
conducted  as  provided  by  the  charter  of  said  city  for  conducting  an- 
nual elections,  and  the  returns  shall  be  canvassed  and  in  like  manner 
returned.  This  article  shall  not  be  construed  to  limit  or  restrict 
the  powers  already  conferred  by  any  special  charter  upon  any 
council  of  any  city  or  municipal  corporation.  The  bonds  voted  as 
provided  for  in  this  article  shall  be  sold  at  not  less  than  par  value. 

Sec.  2483.  BONDS  MAY  BE  REEUNDED. — All  bonds  here- 
tofore issued  by  any  city  or  by  or  under  the  authority  of  the  board 
of  education  of  any  city  in  this  state  for  school  or  school  house 
purposes  may  be  refunded  in  the  discretion  of  said  board  in  the 
manner  hereinafter  provided,  whenever  there  is  not  sufficient  money 
in  the  treasury  of  such  city  applicable  thereto,  to  pay  such  bonds. 


STATE  OF  NORTH  DAKOTA 


203 


Sec.  2484.  DENOMINATION  OF  BONDS.— Said  bonds  shall 
be  in  denominations  of  not  less  than  one  hundred  nor  more  than 
one  thousand  dollars,  shall  be  numbered  consecutively  from  one 
upward,  shall  bear  the  date  of  their  issue,  shall  be  made  payable  to 
the  purchaser  or  bearer,  shall  be  payable  ten  years  from  date,  and 
shall  bear  interest  at  a rate  of  not  exceeding  seven  per  cent  per 
annum  payable  annually,  with  interest  coupons  attached,  and  prin- 
cipal and  interest  shall  be  made  payable  at  such  place  as  may  be 
designated  by  the  board  of  education.  The  bonds  and  each  coupon 
shall  be  signed  by  the  mayor  and  attested  by  the  city  clerk  or  audi- 
tor under  the  seal  of  the  city.  Said  bond's  shall  be  printed,  en- 
graved or  lithographed  on  bond  paper,  and  a duly  authenticated 
copy  of  this  article  shall  be  printed  on  the  back  of  each  bond. 

Sec.  2486.  BONDS,  HOW  EXECUTED.— The  refunding  of 
indebtedness  and  the  issuance  of  bonds  provided  in  this  article 
shall  be  under  the  control  and  direction  of  the  board  of  education, 
and  a resolution  of  said  board  directing  the  execution  of  such  bonds, 
and  specifying  the  number  and  amount  of  each  bond  shall  authorize 
and  require  the  mayor  and  city  clerk  or  auditor  to  execute  the 
same  in  the  manner  herein  provided,  and  deliver  the  bonds  so  exe- 
cuted to  the  board  of  education  who  shall  provide  for  the  sale  and 
negotiation  thereof  or  for  the  exchange  of  said  bonds  for  outstanding 
bonds  authorized  to  be  refunded  under  this  article,  as  they  may  deem 
best ; provided,  that  such  refunding  bonds  shall  not  be  sold  or  ex- 
changed at  less  than  par  value.  Both  principal  and  interest  of 
said  bonds  shall  be  paid  by  the  city  treasurer  by  warrants  drawn 
upon  the  funds  created  therefor  and  issued  under  the  direction  of 
the  board  of  education.  A duly  certified  copy  of  the  resolution 
of  the  board  of  education  authorizing  and  directing  the  execution 
of  such  bonds  by  the  mayor  and  city  clerk  or  auditor  shall  be  printed 
on  the  back  of  each  bond.  A register  of  all  bonds  so  executed  shall 
be  made  by  the  city  clerk  or  auditor  and  kept  in  his  office  as  a 
public  record,  showing  the  number,  date,  amount,  interest,  name 
of  payee  and  when  and  where  payable,  of  each  and  all  bonds  exe- 
cuted under  the  provisions  of  this  article.  And  after  such  outstand- 
ing bonds  shall  have  been  so  refunded  the  same  shall  be  placed 
in  the  hands  of  the  city  clerk  or  auditor  after  having  had  first 
marked  across  the  face  thereof  in  red  ink  the  words  ‘‘refunded 
bond  A and  the  city  clerk  or  auditor  shall  thereupon  make  a record 
of  each  bond  in  the  same  manner  provided  herein  for  bonds  issued 
under  this  article  and  at  the  next  regular  meeting  of  the  council 
shall  cancel  and  burn  said  bonds  in  the  presence  of  the  city  council 
and  make  a record  of  such  action  in  the  proceedings  of  the  council. 

Sec.  2487.  INTEREST  FUND. — Any  city,  town  or  village  in 
this  state  having  not  less  than  three  thousand  inhabitants  is 
authorized  and  empowered  through  its  proper  officers  to  levy  and 
collect  taxes  not  exceeding  twelve  mills  on  the  dollar  of  the  assessed 


204 


GENERAL  SCHOOL  LAWS 


valuation  of  said  city,  town  or  village,  for  the  purpose  of  creating 
an  interest  fund  with  which  to  pay  interest  upon  the  existing  bonded 
indebtedness  of  such  municipality,  including  bonds,  if  any,  issued 
under  the  direction  of  the  respective  boards  of  education  therein. 
If  any  officer  of  such  municipality  shall  use  the  moneys  collected  by 
virtue  of  this  section  for  any  other  purpose  than  that  expressed 
herein,  he  shall  be  guilty  of  a misdemeanor,  and  upon  conviction 
thereof  shall  be  firied  not  less  than  one  hundred  nor  more  than 
five  hundred  dollars  or  imprisonment  in  the  county  jail  not  less 
than  thirty  days  nor  more  than  one  year. 

Sec.  2488.  SINKING  FUND. — They  may  also  levy  and  collect 
taxes  not  exceeding  four  mills  on  the  dollar  for  the  purpose  of 
creating  a sinking  fund  to  pay  the  bonds  of  the  municipality  as 
the  same  may  mature;  and  the  proper  officers  of  the  municipality 
may  invest  the  money  in  said  fund  in  interest  bearing  securities 
of  the  state  or  of  any  organized  county  therein  or  of  the  munici- 
pality, and  shall  in  no  other  manner  dispose  of  the  money  in  said 
fund,  and  if  any  officer  of  such  municipalities  shall  use  the  money 
in  said  fund  in  any  other  manner  than  as  provided  in  this  section 
he  shall  be  guilty  of  a misdemeanor. 

BONDS  FOR  LABOR  AND  MATERIAL  FOR  PUBLIC  BUILDINGS. 

Sec.  4802.  BONDS  FROM  CONTRACTORS  ON  PUBLIC 
IMPROVEMENTS. — Whenever  any  public  officer  shall,  under 
the  laws  of  this  state,  enter  into  contract  in  any  sum  exceeding  one 
hundred  dollars,  with  any  person  for  making  any  public  improve- 
ments, or  for  constructing  any  public  building,  or  making  repairs 
on  the  same,  such  officer  shall  take  from  the  party  contracted  with 
a bond,  conditioned  to  the  effect  that  such  contractor  shall  pay 
all  indebtedness  incurred  for  labor  or  material  furnished  in  the  con- 
struction or  repair  of  such  public  building  or  in  making  such  public 
improvements. 

Sec.  4803.  HOW  BOND  EXECUTED.— Such  bond  shall  run 
to  the  state  of  North  Dakota,  shall  be  executed  by  two  or  more 
sureties  and  shall  be  for  an  amount  at  least  equal  to  the  price  stated 
in  the  contract.  It  shall  be  approved  by  the  clerk  of  the  district 
court  of  the  county  in  which  such  building  is  to  be  constructed  or  such 
public  improvement  is  to  be  made  and  the  sureties  thereon  shall 
qualify  in  a sum  equal  to  double  the  amount  specified  in  the  bond. 

Sec.  4804.  WHERE  BOND  FILED.  RECOVERY  ON.— 
Such  bond  shall  be  filed  in  the  office  of  the  clerk  of  the  district 
court  of  the  county  in  which  such  public  improvement  is  to  be  made 
or  such  public  building  is  to  be  erected;  and  any  person  to  whom 
there  is  due  any  sum  for  labor  or  material  furnished,  as  stated  in 
section  4802,  or  his  assigns,  may  bring  an  action  on  the  bond  for 
the  recovery  of  such  indebtedness ; provided,  that  no  action  shall 


STATE  OF  NORTH  DAKOTA 


205 


be  brought  on  such  bond  unless  commenced  within  one  year  from 
the  completion  of  such  public  improvements,  repairs  or  buildings. 

SPECULATION  IN  OFFICE  PROHIBITED. 

Sec.  7632.  UNLAWFUL  PURCHASES  BY  SCPIOOL  DIS- 
TRICT OFFICERS. — Every  person  who  while  an  officer  of  any 
school  district  or  corporation,  or  deputy  or  clerk  of  such  officer, 
directly  or  indirectly,  buys  or  traffics  in  or  in  anywise  becomes  a 
party  to  the  purchase  of  any  school  warrant,  order  or  scrip,  or 
any  bill,  account,  claim  or  evidence  of  indebtedness  against  his 
school  district  or  corporation,  for  any  sum  less  than  the  full  face 
value  thereof,  is  guilty  of  a misdemeanor,  and  upon  conviction  there- 
of is  punishable  by  a fine  of  not  less  than  fifty  and  not  exceeding 
five  hundred  dollars. 


APPENDIX  C 


DIGEST  OF  DECISIONS  OF  SUPREME  COURT. 

CONTRACTS. 

1.  Bonds. 

(a)  Consideration — Want  of,  cannot  he  shown  as  against  a 
bona  dde  purchaser. — The  auditing,  by  the  committee,  of  claims 
against  the  district,  and  the  vote  of  the  district  to  pay  such  claims, 
and  the  issue  of  bonds  accordingly,  precludes  any  inquiry  as  to  the 
validity  of  such  claims,  as  a consideration  for  such  bonds,  as  against 
a bona  fide  purchaser  of  such  bonds. 

Flagg  vs.  School  District  No.  jo,  4 N.  D.  go. 

Flagg  vs.  School  District  No.  go,  5 N.  D.  igi. 

(b)  Issuance  of-  Bonds — Strict  Compliance  with  Statute. — 
Where  a statute  authorizes  the  issue  of  municipal  bonds  payable  in 
not  less  than  10  years  from  date,  bonds  issued  thereunder,  payable 
in  11  days  less  than  ten  years  from  date,  are  void,  even  in  the  hands 
of  a bona  fide  purchaser. 

People’s  Bank  of  St.  Paul  vs.  School  District  No.  g2,  g N.  D. 

496- 

(c)  Invalid  Bonds — Municipality  Otherwise  Liable. — The  inval- 
idity of  such  bonds  does  not  affect  the  liability,  if  any,  of  the  muni- 
cipality, independently  of  the  bonds. 

People’s  Bank  of  St.  Paul  vs.  School  District  No.  g2,  g N.  D. 

496. 

(d)  Provision  for  Exchange  Does  Not  Destroy  Negotiability. — 
An  instrument  providing  for  the  payment  of  exchange  on  a point 
other  than  the  place  of  payment,  in  addition  to  the  principal  and 


206 


GENERAL  SCHOOL  LAWS 


interest,  is  not  a negotiable  instrument ; and  one  who  purchases  the 
same  before  maturity,  for  value,  and  without  notice  of  any  defense 
thereto,  nevertheless,  takes  it  subject  to  the  defense  of  want  of  con- 
sideration good  as  between  the  original  parties  to  the  instrument. 

Flagg  vs.  School  District  No.  yo,  4 N.  D.  jo. 

(e)  Recitals  in  Bonds — Estoppel  to  Dispute — Municipal  corpor- 
ations are  estopped,  as  against  bona  fide  holders  of  municipal  bonds, 
from  setting  up  as  a defense  to  an  action  thereon  that  all  the  prelim- 
inary steps  necessary  to  authorize  the  issue  of  the  bonds  were  not 
taken,  when  the  officers  who  have  charge  of  the  issue  of  such  bonds 
are  especially  or  impliedly  authorized  to  determine  whether  all  the 
conditions  precedent  to  the  issue  of  valid  bonds  have  been  complied 
with,  and  recite  in  the  bonds  so  issued  that  they  have  been  complied 
with. 

Coler  vs.  Dwight  School  Township,  j N.  D.  24^. 

(f)  Recital  in  Bonds — Non-Negotiahle. — The  right  of  a bona 
fide  purchaser  of  municipal  bonds  to  rely  upon  a recital  or  certificate 
as  to  facts  which  the  person  making  the  same  had  authority  to  deter- 
mine, does  not  depend  upon  the  bond  being  a negotiable  instrument. 
It  exists  in  the  case  of  a bona  fide  purchaser  of  a non-negotiable  bond 
as  well. 

Flagg  vs.  School  District  No.  70,  4 N.  D.  30. 

It  is  not  essential  that  the  officer  issuing  the  bonds  should  be  ex- 
pressly authorized  to  determine  such  question,  but  it  is  sufficient  if 
they  are  given  full  control  in  the  matter. 

Coler  vs.  Dwight  School  Township,  5 N.  D.  24Q. 

PROHIBITED  CONTRACTS. 

(a)  Prohibited  Contracts,  Retention  of  Fruits  of.  Does  Not  Ren- 
der Municipality  Fiable. — Where  a contract  is  expressly  prohibited 
or  declared  void  bv  statute,  retention  of  the  fruits  of  such  contract 
will  not  subject  a municipality  to  liability  under  the  contract  or  on 
a quantum  meruit. 

Goose  River  Bank  vs.  Willow  Fake  School  Township,  i N. 

D.  26. 

Capital  Bank  of  St.  Paul  vs.  School  District  No.  5J,  i N.  D. 

479- 

II.  Teachers. 

(a)  Employment — Void  without  Certificate. — A contract  duly 
executed  between  the  proper  officers  of  a school  district  and  another 
person,  by  the  terms  of  which  said  person  is  employed  as  a teacher 


STATE  OE  NORTH  DAKOTA 


207 


in  a public  school  in  said  district,  is  void,  where  such  person  at  the 
time  of  making  the  contract,  holds  no  certificate  of  authority  to 
teach  in  the  county  where  the  district  is  located. 

Hosnier  vs.  Sheldon  School  District  No.  2,  4 N.  D.  ip/. 

(b)  Certihcatc  Will  Not  Relate  Back. — The  sub>,equent  procure- 
ment of  such  certificate  will  not  enable  such  person  to  recover 
against  the  district  damages  for  the  breach  of  such  contract. 

Hosmer  vs.  Sheldon  School  District  No.  2,  4 N.  D.  zp/. 

III.  Warrants. 

(a)  Assignee — Bona  Fide  Purchasers. — As  school  warrants  are 
not  negotiable  so  as  to  cut  off  defenses  an  assignee  cannot  recover 
thereon  as  being  a bona  fide  purchaser. 

Goose  River  Bank  vs.  Willow  Lake  School  Township,  i N. 
D.  26. 

Capital  Bank  of  St.  Paid  vs.  School  District  No.  5J,  i N.  D. 

479- 

People's  Bank  of  St.  Paul  vs.  School  District  No.  52,  g N.  D.  4p6. 

(b)  Rights  and  Duties  of  Purchasers  of  Warrants. — Person.s 
purchasing  obligations  apparently  issued  by  municipal  corporations 
must  see  that  the  powers  of  the  corporation  have  not  been  exceeded. 

Farmers  and  Merchants'  Nat.  Bk.  vs.  School  District  No.  5J,  6 
Dakota  ^55. 

The  purchasers  of  school  bonds,  for  value,  and  before  maturity, 
and  without  notice  that  any  of  the  conditions  of  the  statute  relating 
to  the  proceedings  to  authorize  the  issue  of  the  bonds  had  not  been 
complied  with,  could  rely  upon  the  certificate  of  the  county  clerk 
that  the  preliminary  proceedings  had  been  complied  with. 

Flagg  vs.  School  District  No.  70,  4 N.  D.  jo. 

Where  the  statute  provides  that  the  bonds  should  not  issue  unless 
the  title  to  the  school  site  was  in  the  school  board,  the  certificate 
of  the  county  clerk  that  such  conditions  as  to  title  had  been  com- 
plied with  was  final  as  against  the  school  district  in  favor  of  a bona 
fide  purchaser.  , 

' School  District  No.  po,  4 N.  D.  jo. 

(c)  Teachers  Without  Certificates — Warrants  Void. — No  teach- 
er shall  be  employed  to  teach,  who  does  not  hold  a lawful  certificate ; 
and  every  warrant  issued  to  such  teacher  is  without  consideration 
and  void. 

Goose  River  Bank  vs.  Willow  Lake  School  Township,  i N. 
D.  26. 


208 


GENERAL.  SCHOOL  LAWS 


(d)  N on-negotiable  Warrants. — School  township  warrants  are 
not  negotiable  instruments  in  the  sense  that  their  negotiation  will 
cut  off  defenses  to  them  existing  against  them  in  the  hands  of  the 
payee. 

Goose  River  Bank  vs.  Willow  Lake  School  Township,  i N, 
D.  26. 


OFFICERS. 

IV.  Superintendent  of  Schools. 

County  Superintendents — Compensation. — Sec.  652,  Rev.  Codes, 
which  prescribes  the  salaries  of  county  superintendents  of  schools, 
construed,  and  held,  that  said  section  requires  the  salaries  shall  be 
computed  upon  the  basis  of  the  number  of  schools  or  separate  depart- 
ments of  graded  schools  presided  over  by  superintendents,  which 
have  been  tahglit  at  least  three  months  in  the  preceding  year,  and 
shall  not  be  computed  upon  the  number  of  schools  which  have  been 
taught  less  than  three  months.  This  construction  of  said  section 
is  not  of  that  doubtful  character  which  would  warrant  the  courts 
in  following  a contrary  interpretation  placed  thereon  by  the  depart- 
ment of  public  instruction. 

Wiles  vs.  McIntosh,  10  N.  D.  5p^. 

That  portion  of  Section  652,  Rev.  Codes  1899,  which  provides 
that  ‘‘in  counties  having  sixty  schools  the  board  of  county  commis- 
sioners shall  appropriate  one  hundred  dollars  for  clerical  assistance 
in  the  county  superintendent’s  office  and  five  dollars  for  each  addi- 
tional school  to  be  paid  monthly.  * * * ” construed.  Held, 

That  the  appropriation  required  to  be  made  by  said  section  is  not  for 
the  personal  benefit  of  superintendents,  but  is  to  create  a fund  to 
pay  the  county’s  obligation  to  such  clerks  as  shall  be  lawfully  emi- 
ployed  in  that  office.  Held,  further,  that  said  section  does  not  make 
county  superintendents  custodians  of  such  funds,  or  authorize  them 
to  audit  the  accounts  of  clerks  which  are  to  be  paid  therefrom.  Such 
accounts  are  to  be  audited  and  paid  the  same  as  other  accounts,  the 
amounts  of  which  are  not  fixed  by  law. 

State  vs.  Heinrich,  ii  N.  D.  ji,  88  N.  W.  Rep.  7^4. 


SCHOOL  DISTRICTS. 

V.'  Judgments. 

(a)  Judgment  Against  School  District — Enforcement. — Where 
a judgment  is  obtained  against  a school  township  organized  under 


STATE  OF  NORTH  DAKOTA 


209 


chapter  44  of  the  laws  of  1883,  on  an  indebi:tdness  of  a school  district 
for  whose  indebtedness  snch  school  township  became  liable  under  sec- 
tion 144  of  such  statute,  the  judgment  creditor  may  proceed  to  enforce 
such  judgment,  the  same  as  any  other  judgment  against  such  school 
township. 

Coler  vs.  Cop  pin, — / N.  D.  418. 

(b)  Mandamus  to  Compel  Payment  of  Judgment. — Where 
a judgment  is  obtained  against  such  a township  on  an  indebtedness 
of  a school  district  and  subsequent  to  the  entry  of  such  judgment 
the  township  is  divided  into  two  school  districts,  the  judgment  cred- 
itors may  proceed  to  enforce  such  judgment  against  such  districts, 
and  each  will  be  required  by  mandamus  to  levy  a tax  sufficient  to  pay 
its  pro  rata  share  of  such  indebtedness,  based  upon  the  amount  of 
its  taxable  property. 

Coler  vs.  Coppin. — 10  N.  D.  86.  > : 

VI.  Organization  and  Government  of  Schools.  ' : 

1.  POWERS  AND  DUTIES  OF  SCHOOL  BOARDS. 

(a)  Build  School  Houses  and  Issue  Warrants — When. — Where 
the  statute  required  that  the  voters  of  a school  district  should  select 
a site  for  a school  house,  and  the  district,  without  this  having  been 
done,  selected  it,  built  a school  house  and  issued  warrants  therefor 
without  the  authority  or  ratification  of  the  voters,  the  warrants  were 
void. 

Farmers  and  Merchants  Nat.  Bk.  vs.  School  District  No. 

6 Dakota  25^. 

(b)  Contracts  Ultra  Vires — Ratification. — Where  a contract  is 
void  because  the  district  board  has  no  authority  to  make  it,  it  can- 
not be  made  binding  upon  the  district  by  subsequent  ratification  by 
the  inhabitants. 

Capital  Bank  of  St.  Paul  vs.  School  District  No.  55,  i N.  D. 
4jp,  distinguishing  Capital  Bank  of  St.  Paul  vs.  School 
District  No.  8^,  6 Dak.  248.  Farmers  and  M er chants*  Na- 
tional Bank  vs.  School  District  No.  55,  6 Dak.  2^^. 

(c)  Limitation  of  Indebtedness. — The  school  board  cannot  ex- 
ceed the  tax  levied,  in  building  a school  house. 

Farmers  and  Merchants*  Nat.  Bk.  vs.  School  District  No.  55, 
6 Dak.  i*55;  Capital  Bank  of  St.  Paul  vs.  School  District 
No.  5*5,  6 Dak.  248 ; Capital  Bank  of  St.  Paid  vs.  School 
District  No.  55,  i N.  D.  4/p. 

(d)  School  Board  Responsible  for  Lost  Funds. — Where  bonds 
were  regularly  issued,  but  were  delivered  to  a bank  to  be  negotiated 


School  Laws— 14 


210 


GENERAL  SCHOOL  LAWS 


and  sold,  and  the  proceeds  were  never  turned  over  ^ to  the  school 
township,  the  school  board  was  wholly  responsible  for  the  loss. 

Prairie  School  Township  vs.  Haseleu,  y N.  D.  ^28. 

(e)  School  Township  Treasurer — Cannot  Sell  Bonds. — The 
school  board  is  the  official  governing  board  of  the  school  township 
and  has  full  power  and  authority,  to  issue,  negotiate  and  sell  bonds 
of  the  school  township,  as  have  been  duly  voted  by  the  electors  for 
the  purpose  of  building  a school  house ; and  that  the  township  treas- 
urer acting  independently,  has  no  authority,  under  the  law,  and  by 
virtue  of  his  office  as  treasurer,  to  issue,  negotiate  or  sell  bonds. 

Prairie  School  Township  vs.  Haseleu,  j N.  D.  ^28. 

(f)  School  House  Site — How  Selected — The  district  school 
board  must  submit  the  selection  of  site  for  school  house,  and  the 
building  of  a school  house  to  the  voters. 

Farmers  and  Merchants’  Nat.  Bk.  vs.  School  District  No.  5J, 
6 Dak.  2^5. 

2.  POWERS  AND  LIABILITIES  OF  SCHOOL  DISTRICTS. 

(a)  Boundaries  of  School  Districts — How  Changed. — When 
petitioned  by  a majority  of  the  citizens  of  a district,  it  is  the  duty 
of  the  county  superintendent  to  divide  his  county  into  school  districts, 
subdivide  and  rearrange  the  boundaries  of  the  same. 

Darmouth  Savings  Bank  vs.  School  Districts,  6 Dak.  jja 

Upon  organization  into  a civil  township  of  a portion  of  the  ter- 
ritory comprising  a school  township  corporation,  held,  construing 
sections  658  and  659  revised  codes, that  such  civil  township  continues 
for  school  purposes  as  a part  of  such  school  township  corporation 
until  segregated  therefrom  by  the  commissioners  and  county  super- 
intendent of  schools,  upon  petition  of  the  voters. 

State,  ex.  rel.  Laird  vs.  John  Gang,  10  N.  D.  jyi. 

(b)  Estoppel  by  Acts  or  Representations  of  Officers. — The  ofh- 
cers  of  a school  township  cannot  estop  the  township,  by  representa- 
tion, expressed  or  implied,  that  the  facts  to  authorize  the  issue  of 
lawful  warrants  exist. 

Goose  River  Bank  vs.  Willow  Lake  School  Township,  i N. 
D.  26. 

(c)  Implied  Powers. — School  districts  being  special  statutory  crea- 
tions, have  only  such  implied  powers  as  are  necessary  to  accom- 
plish the  purposes  of  their  existence. 

Farmers  and  Merchants’  Nat.  Bk.  vs.  School  District  No.  5J, 
6 Dak.  2g)g). 


STATE  OF  NORTH  DAKOTA 


211 


(d)  Organization — Estoppel  to  Dispute. — A school  district  is 
not  estopped  to  question  the  legality  of  its  organization. 

Darmouth  Savings  Bank  vs.  School  District,  6 Dak.  jja 

(e)  Organization  of  District — Liability  for  Debts. — A school 
township  organized  under  chapter  44,  laws  1883,  becomes,  immedi- 
ately upon  such  organization,  liable  for  the  debts  of  the  district,  the 
school  house  and  furniture  of  which  becomes  the  property  of  the 
school  township.  This  liability  is  complete,  and  does  not  depend 
upon  the  settlement  of  the  equities  between  the  several  districts  in- 
cluded in  the  new  school  township,  under  sections  136,  138,  chapter 
44,  laws  1883. 

Colcr  vs.  Dwight  School  Township,  j N.  D.  24^. 

Coler  vs.  Cop  pin,  10  N.  D.  86. 

(f)  Petition  for  Organization  of  School  District — Sufficiency. — 
The  board  of  county  commissioners  having  found  that  a certain  peti- 
tion for  the  organization  of  a civil  township  contained  the  requisite 
number  of  legal  voters,  and  having  acted  thereon  by  taking  necessary 
steps  to  organize  such  township,  the  question  as  to  the  sufficiency 
of  such  petition  is  not  open  to  judicial  investigation  in  mandamus 
proceedings  to  compel  the  calling  of  an  election  for  school  officers 
in  such  township. 

State,  ex.  rel.  Laird  vs.  John  Gang,  10  N.  D.  jji. 

(g)  Special  School  District — Equalization  of  Interests. — Where 
a school  district  is  divided,  by  the  organization  of  a city  or  incor- 
porated town  or  village  situated  within  said  district,  into  a special 
school  district,  under  the  provisions  of  chapter  62  of  the  laws  of 
1890,  the  board  of  arbitration  provided  for  by  said  chapter  to  equalize 
the  interests  of  said  districts  must  take  into  consideration  the  school 
building  owned  by  the  original  district,  and  adjust  the  rights  of  the 
respective  districts  concerning  the  same. 

State  ex  rel,  vs.  School  District  No.  21,  6 N.  D.  488. 

(h)  De  Eacto  Corporations — Validity  of  Bonds. — In  an  action 
upon  the  coupons  of  bonds  issued  by  a de  facto  school  district,  the 
defense  that  the  bonds  were  void  on  the  ground  that  the  district  had 
no  legal  existence  because  of  failure  to  comply  with  provisions  of  the 
statute  regulating  the  organization  of  such  districts  in  matters  which 
went  to  the  jurisdiction  of  the  county  superintendent  to  organize  the 
district  cannot  be  interposed. 

Coler  vs.  Wright  School  District,  j N.  D.  24Q,  Distinguishing. 

Darmouth  Savings  Bank  vs.  School  District,  6 N.  D.  jjA 

VII.  Payments. 

Public  Funds — Voluntary  Payment  Can  be  Recovered  Back. — : 
Where  overpayments,  out  of  public  funds,  were  made  under  a mis* 


212 


GENERAL  SCHOOL  LAWS 


take  of  facts,  and  were  induced  by  plaintiff’s  false  statements,  they 
were  not  voluntary  payments,  and  can  therefore  be  recovered  back 
by  the  county ; and  that  the  doctrine  of  voluntary  payment  does  not 
apply  to  payments  from  public  funds  by  agents  of  municipal  cor- 
porations whose  duties  and  powers  in  reference  thereto  are  limited 
and  defined  by  law. 

Wiles  vs.  McIntosh,  lo  N.  D.  5^4. 


OFFICIAL  BONDS. 

VIII.  Principal  and  Surety. 

Treasurer  Liable  on  Official  Bond. — When. — Where  bonds  were 
not  delivered  to  the  treasurer  for  negotiation  and  sale  an  action 
will  not  lie  against  the  treasurer  or  his  sureties,  on  his  official  bonds 
for  a breach  of  the  conditions  of  such  bond,  which  requires  the.' 
treasurer  to  account  for  and  pay  over  all  moneys  and  property  which 
comes  into  his  hands  as  treasurer. 

Prairie  School  Township  vs.  Haseleu,  j N.  D.  ^28. 


APPENDIX  D 


NOTES  AND  REFERENCES. 

Note  1.  Section  343  fixes  the  bond  of  the  superintendent  of  public 
instruction  at  $5,000. 

Note  2.  Section  343  fixes  the  bond  of  the  county  superintendent 
at  $500. 

Note  3.  Article  9 provides  for  the  filling  of  vacancies.  Section 
359  provides  when  vacancies  occur. 

Sec.  359.  VACANCIES,  HOW  CAUSED.— Every  office  shall 
become  vacant  on  the  happening  of  either  of  the  following  events : 

1.  Death  of  the  incumbent. 

2.  His  insanity  judicially  determined. 

3.  His  resignation. 

4.  His  removal  from  office. 

5.  His  failure  to  discharge  the  duties  of  his  office,  when  such 
failure  has  continued  for  sixty  consecutive  days,  except  when  pre- 
vented from  discharging  such  duties  by  sickness  or  other  unavoid- 
able cause. 


STATE  OF  NORTH  DAKOTA 


213 


d.  His  failure  to  qualify  as  provided  by  law. 

7.  His  ceasing  to  be  a resident  of  the  state,  district,  county 
or  township  in  which  the  duties  of  his  office  are  to  be  discharged, 
or  for  which  he  may  have  been  elected. 

8.  His  conviction  of  a felony  or  of  any  offense  involving  moral 
turpitude  or  a violation  of  his  official  oath. 

9.  His  ceasing  to  possess  any  of  the  qualifications  of  office  pre- 
scribed by  law. 

10.  The  decision  of  a competent  tribunal  declaring  void  his  elec- 
tion or  appointment. 

See  also  section  730  of  article  9. 

Temporary  absence  from  the  district  for  which  the  officer  is  chosen 
does  not  work  a forfeiture  of  the  office.  The  failure  to  elect  a 
successor  in  office  does  not  create  a vacancy. 

Note  4.  Section  645  does  not  confer  upon  the  county  superin- 
tendent authority  to  take  acknowledgments. 

Note  5.  COUNTY  SUPERINTENDENT,  SALARY  OE.— In 
determining  the  salary  of  the  county  superintendent  that  officer 
is  entitled  to  include  the  actual  number  of  schools  or  separate  depart- 
ments in  graded  and  high  schools  over  which  he  has  general  super- 
intendence, or  official  supervision.  (See  Sections  6jp  and  6^2.) 

The  fact  that  a county  superintendent  becomes  personally  respon- 
sible for  the  accounting  from  special  and  independent  districts  as  to 
reports  of  clerks  and  treasurers,  which  must  be  filed  in  his  office 
for  the  purpose  of  statistics  and  the  apportionment  of  the  state  school 
fund,  does  not,  of  itself,  constitute  “general  superintendence”  or 
“official  supervision.” 

Note  6.  Under  section  653  a person  to  be  qualified  to  hold  the 
office  of  county  superintendent  must  hold  a state  certificate  or  a 
first  grade -county  certificate.  Such  first  grade  need  not  be  issued  in 
the  county  in  which  the  county  superintendent  resides,  but  must 
be  of  legal  effect  at  the  time  the  holder  assumes  the  duties  of  the 
office. 

Note  7.  The  amendment  to  section  660,  passed  by  the  legislature 
of  1899,  was  declared  to  be  unconstitutional  by  the  supreme  court 
in  the  case  of  Plummer  v.  Borsheim,  8 N.  D.  565,  80  N.  W.  Rep. 
690.  This  restores  section  660  of  the  revised  codes  of  1895,  which 
will  be  found  in  its  proper  place. 

Note  8.  Section  667,  revised  codes,  does  not  permit  the  organi- 
zation of  a district  when  there  are  twelve  or  more  children  of  school 
age  therein,  with  the  requisite  amount  of  taxable  property,  as  speci- 
fied by  section  660,  revised  codes. 


214 


GENERAL  SCHOOL  LAWS 


Note.  9.  ELECTIONS.  TERMS  OF  OFFICERS.— No  va- 
cancy exists  to  be  filled  by  appointment  when  a school  board  fails 
to  hold  an  election  *at  the  time  prescribed  in  article  4 of  the  gen- 
eral school  laws.  The  officers  whose  terms  expire  and  whose  suc- 
cessors would  have  to  be  chosen  at  a regular  election  do  not  vacate 
their  office  but  hold  until  their  successors  are  duly  elected  and  quali- 
fied agreeably  to  the  provisions  of  section  670,  revised  codes. 

Note  10.  Section  672  prescribes  who  is  qualified  to  vote  or  hold 
office  and  refers  to  the  following  section  which  embodies  section  121 
of  the  constitution: 

Sec.  479.  {Amended  by  Chapter  8p,  Laws  of  ipoj.)  WHO  EN- 
TITLED TO  VOTE. — Every  male  person  of  the  age  of  twenty-one 
years  or  upwards,  belonging  to  either  of  the  following  classes,  who 
shall  have  resided  in  the  state  one  year,  and  in  the  county  six 
months,  and  in  the  precinct  ninety  days  next  preceding  any  election, 
shall  be  a qualified  elector  at  such  election: 

First — Citizens  of  the  United  States. 

Second — Civilized  persons  of  Indian  descent  who  shall  have  sev- 
ered their  tribal  relations  two  years  next  preceding  such  election, 
provided,  he  has  complied  with  the  provisions  of  any  law  which  is 
now  or  may  in  the  future  be  in  force  relating  to  the  registration  of 
voters,  and  all  persons  possessing  the  qualifications  mentioned  in 
this  section,  and  who  have  resided  in  this  state  one  year,  shall  be 
eligible  to  any  office  in  this  state,  except  as  otherwise  provided  in  the 
constitution;  provided,  however,  that  persons  shall  vote  in  the  pre- 
cinct where  they  reside  and  not  otherwise,  except  in  the  case  of  voters 
otherwise  qualified,  moving  from  one  voting  precinct  to  another, 
within  the  same  county,  in  which  case  they  shall  have  a right  to  vote 
in  the  precinct  from  which  they  move  until  they  have  resided  ninety 
days  in  the  precinct  to  which  they  move. 

Note  11.  Section  680  provides  for  the  appointment  of  a clerk. 
His  qualifications  miust  be  those  of  an  elector  of  the  district  for 
which  he  is  chosen  as  clerk. 

Note  12.  Section  681  provides  for  four  regular  meetings  and 
fixes  the  salary  of  each  director  at  $8  per  year,  less  $2  for  each 
meeting  missed.  No  additional  compensation'  is  allowed  for  special 
meetings. 

Note  13.  There  is  no  conflict  between  sections  689  and  770 
relating  to  a breach  of  the  conditions  of  a school  treasurer’s  bond. 
Section  770  is  merely  cumulative  prescribing  that  action  against  the 
treasurer  failing  or  neglecting  to  pay  over  funds  belonging  to  the 
district  may  be  begun  by  the  district  school  board,  or  the  county 
superintendent  or  any  taxpayer. 


STATE  OF  NORTH  DAKOTA 


215 


Note  14.  SCHOOL  PRIVILEGES  EOR  NONRESIDENT 
PUPILS. — Under  section  696,  revised  codes,  the  school  board  is 
empowered  “to  admit  pupils  from  other  districts  when  it  can  be 
done  without  injury  or  overcrowding  such  schools.”  The  board  is 
further  authorized  and  empowered  to  make  regulations  for  their 
admission  and  the  payment  of  tuition.  Whether  or  not  any  provision 
be  made  for  admission  of  nonresident  pupils  is  discretionary  with 
the  board. 

Note  15.  SCHOOL  HOUSE,  LOCATION  OF.— A school 
board  may  not  lawfully  erect  a school  house  upon  public  school  lands 
unless  the  board  acquires  title  to  the  site  the  same  as  title  would 
be  acquired  to  any  other  land. 

Note  16.  ENUMERATION. — Persons  can  be  enumerated  only 
in  the  district  in  which  they  have  a legal  residence.  The  legal 
residence  of  a parent  or  guardian  is  the  legal  residence  of  the 
child.  Where  a party  resides  at  two  or  more  different  places  during 
the  same  year,  it  appears  by  the  decisions  of  various  courts  that  it 
is  a privilege  of  said  party  to  determine  which  place  is  his  legal  resi- 
dence unless  he  exercises  his  rights  of  citzenship,  for  instance,  by 
voting  or  attending  caucus  at  one  place  or  the  other.  Such  action 
would  indicate  his  real  intention. 

Note  17.  STATE  SCHOOL  FUND  NOT  TO  BE  USED  IN 
SUPPORT  OF  PRIVATE  OR  DENOMINATIONAL 
SCHOOLS. — Under  section  152  of  article  8 of  the  constitution 
no  money  raised  for  the  support  of  public  schools  of  the  state  shall 
be  appropriated  to  or  used  for  the  support  of  any  sectarian  school. 
There  is  nothing  contained  either  in  the  constitution  or  statutes  whicli 
warrants  any  other  use  of  the  funds  than  for  the  support  of  the 
common  schools. 

. Note  18.  TEACHERS'  PERMITS. — A permit  to  tpach  must 
not  be  issued  to  a person  under  the  age  of  18  years. 

Note  19.  CERTIFICATES,  ISSUANCE  OF  THIRD  GRADE. 
— Under  section  742,  revised  codes,  a county  superintendent  may 
issue  a third  grade  certificate  to  a party  who  has  taught  less  than 
fifteen  months  on  a third  grade  certificate,  irrespective  of  the  num- 
ber of  third  grade  certificates  that  may  have  been  previously  issued 
to  said  party. 

Note  20.  TEACHER’S  CONTRACT  NOT  AFFECTED  BY 
CHANGE  IN  ORGANIZATION  OF  DISTRICT.— A contract 
made  and  entered  into  between  a general  school  district  and  a 
teacher  is  not  modified  by  reason  of  reorganization  of  said  general 
district  into  a special  district  during  the  time  for  which  the  contract 
was  made,  and  the  district  is  not  relieved  from  the  fulfillment  of  the 
obligation. 


216 


GENERAL  SCHOOL  LAWS 


Note  21.  TEACHER’S  SALARY  WHEN  SCHOOL  CLOSED 
ON  ACCOUNT  OF  QUARANTINE.— If  under  the  general  quar- 
antine regulations  a senool  be  closed  in  due  form,  the  teacher’s 
right  to  collect  pay  for  the  time  school  was  closed  is  governed  by 
the  general  laws  relating  to  employer  and  employe.  During  the 
time  said  school  is  closed  the  teacher  is  under  contract  subject  to 
the  pleasure  of  the  board,  and  during  the  existence  of  such  contract 
is  unable  to  be  a party  to  another. 

Note  22.  TEACHER’S  REPORT  AND  SALARY.— A teacher 
is  entitled  to  pay  at  the  close  of  each  month’s  work,  except  for  the 
last  month  in  any  term,  when  the  same  may  be  withheld  until 
correct  reports  are  made  and  filed  by  the  teacher,  as  provided  by 
section  748,  revised  codes.  This  section  does  not  authorize  the  with- 
holding of  the  teacher’s  wages  for  any  other  month  in  the  term. 

Note  23.  Section  778  requires  the  certificate  of  the  county 
auditor  in  addition  to  section  187  of  the  constitution  and  other 
statutes  as  to  the  issue  being  within  the  debt  limit.  Section  2057 
requires  also  a certificate  of  the  treasurer.  These  are  applicable  co 
special  and  independent  districts  as  well  as  general  districts. 

Note  24.  TREASURER’S  BOND. — In  a special  school  district 
the  treasurer  of  the  city,  town  or  village  is  treasurer  of  the  board 
of  education.  By  reason  of  being  under  bond  as  treasurer  of  a 
municipal  corporation  he  is  not  relieved  thereby  from  giving  bond 
as  treasurer  of  said  school  district,  under  section  805,  revised  codes. 

Note  25.  ALIENS  NOT  ENTITLED  TO  A CERTIFICATE 
OR  PERMIT. — Under  section  742  a county  superintendent  is  for- 
bidden to  issue  a certificate  or  permit  to  teach  to  any  party  who  is 
not  a citizen  of  the  United  States  unless  he  has  resided  in  the 
United  States  one  year  last  prior  to  the  time  of  such  application  for 
such  certificate  or  permit.  A declaration  of  citizenship  alone  does 
not  entitle  one  to  either  certificate  or  permit. 

Note  26.  Section  309  provides  for  the  designation  of  an  account- 
ing officer  for  each  public  institution  and  defines  his  duties. 

Note  27.  Sections  5124  and  5125  pertaining  to  holidays  are  as 
follows : 

Sec.  5124.  HOLIDAYS. — Holidays  are  every  Sunday;  the  first 
day  of  January,  which  is  New  Year’s  day;  ihe  twelfth  day  of 
February,  which  is  the  birthday  of  Abraham  Lincoln ; the  twenty - 
second  day  of  February,  which  is  the  birthday  of  George  Washing- 
ton; the  fourth  day  of  July,  which  is  the  anniversary  of  the  Declara- 
tion of  Independence ; the  twenty-fifth  day  of  December,  which  is 
Christmas  day ; the  thirtieth  day  of  May,  which  is  Memorial  day ; 
every  day  on  which  an  election  is  held  throughout  the  state,  and  every 
day  appointed  by  the  president  of  the  United  States  or  by  the  gov- 
ernor of  this  state  for  a public  fast,  thanksgiving  or  holiday. 


STATE  OF  NORTH  DAKOTA 


217 


Sec.  5125.  WHEN  FOLLOWING  DAY  HOLIDAY.— If  the 
first  day  of  January,  twelfth  day  of  February,  the  twenty-second 
day  of  February,  the  fourth  day  of  July,  the  thirtieth  day  of  May, 
or  the  twenty-fifth  day  of  December  falls  upon  a Sunday,  the 
Monday  following  shall  be  the  holiday. 

Note  28.  Section  340  relating  to  bonds  by  officers,  is  as  follows : 

Sec.  340.  Each  civil  officer  elected  by  the  people  or  appointed 
by  the  governor  or  by  any  other  authority,  provided  by  law,  ex- 
cept the  governor  and  the  officers  and  members  of  the  legislative 
assembly,  judges  of  the  supreme  and  district  courts,  county  com- 
missioners, court  stenographer,  the  mayor  and  aldermen  in  cities, 
the  president  and  trustees  in  villages,  but  including  township  treas- 
urers, clerks,  justices  of  the  peace,  and  constables,  shall,  before  en- 
tering on  his  duties,  give  a bond  conditioned  for  the  faithful  and 
impartial  discharge  of  the  duties  of  his  office  (naming  it  fully), 
and  render  a true  account  of  all  moneys  and  property  of  every  kind 
that  shall  come  into  his  hands  as  such  officer  and  pay  over  and  deliver 
the  same  according  to  law. 

Note  29.  Section  342,  relating  to  approval  of  bonds,  is  as  fol- 
lows : 

Sec.  342.  APPROVAL  OF  BONDS.— The  bonds  of  all  state 
and  districts  officers  shall  be  given  to  the  state,  shall  be  approved 
by  the  governor  as  to  sufficiency,  and  by  the  attorney  general  as  to 
form  and  such  bonds  and  a duplicate  original  of  the  oaths  of  all  such 
officers  shall  be  deposited  in  the  office  of  the  secretary  of  state.  The 
secretary  of  state  shall  keep  a book  in  which  shall  be  made  a correct 
copy  of  such  bond,  which  shall  be  called  the  “bond  record”  and, 
when  such  bonds  shall  have  been  recorded  they  shall  be  deposited 
with  and  kept  on  file  in  the  office  of  the  state  treasurer,  except  the 
bond  of  the  state  treasurer,  which  shall  be  deposited  with  and  kept 
on  file  in  the  office  of  the  state  auditor.  The  secretary  of  state  and 
state  treasurer  on  receipt  of  such  bonds  shall  issue  a receipt  therefor 
and  such  receipt  shall  be  filed  in  the  office  of  the  state  auditor.  The 
bonds  of  all  county,  township  and  municipal  officers  shall  be  given 
to  the  county ; those  of  all  county  and  municipal  officers  under  the 
county  shall  be  approved  by  the  states  attorney  as  to  form  and  by 
board  of  county  commissioners  as  to  sufficiency,  and  such  bonds  and 
a duplicate  original  of  the  oaths  of  office  of  all  other  such  officers 
shall  be  filed  with  the  county  auditor,  except  the  bond  and  oath  of 
such  auditor,  which  shall  be  filed  with  the  clerk  of  the  district  court 
for  the  county  or  judicial  subdivision.  The  bonds  of  township  offi- 
cers shall  be  approved  by  the  chairman  of  the  board  of  supervisors 
of  the  township. 

Note  30.  The  use  of  lignite  coal  is  made  obligatory  by  the  fol- 
lowing section : 


218 


GENERAL  SCHOOL  LAWS 


Sec.  1030.  PUBLIC  INSTITUTIONS  TO  USE.— The  various 
state  institutions,  count}^  buildings  and  public  school  houses  of  this 
state  shall  use  for  fuel,  native  or  lignite  coal, .and  it  shall  be  un- 
lawful for  any  officer  to  purchase  for  use  in  institutions,  county 
buildings  and  public  schools  any  coal  other  than  that  taken  from 
the  mines  within  the  boundaries  of  this  state ; provided,  that  the 
comparative  cost  of  such  fuel  is  not  greater  than  that  of  lignite 
coal.  This  section  shall  not  be  construed,  however,  as  prohibiting 
the  use  of  wood  at  such  institutions,  county  building  and  public 
schools,  when  the  cost  thereof  does  not  exceed  that  of  native  coal, 
or  the  use  of  coal  other  than  native  lignite  at  such  public  schools 
as  are  located  six  miles  or  more  from  any  mine  or  railroad  station 
within  the  boundaries  of  this  state ; provided,  that  the  comparative 
cost  of  such  fuel  is  not  greater  than  that  oi  lignite  coal. 

Note  31.  Section  370  authorizes  the  superintendent  of  public 
instruction  and  other  state  and  county  officers  to  appoint  deputies 
and  prescribes  the  manner  of  appointment. 

Note  32.  The  oath  of  office  prescribed  by  Section  211  of  the 
constitution  is  as  follows : ‘T  do  solemnly  swear  (or  affirm,  as  the 

case  may  be)  that  I will  support  the  constitution  of  the  United 
States  and  the  constitution  of  the  state  of  North  Dakota;  and  that 

I will  faithfully  discharge  the  duties  of  the  office  of 

according  to  the  best  of  my  ability,  so  help  me  God’’  (if  under  oath), 
(under  pains  and  penalties  of  perjury),  if  an  affirmation,  and  no 
other  oath,  declaration,  or  test  shall  be  required  as  a qualification  for 
any  office  or  public  trust. 

Note  33.  BONDS. — The  scope  of  chapter  187,  laws  of  1901, 
has  been  somewhat  enlarged  by  chapter  127,  laws  of  1903,  which  is 
as  follows : 

Sec.  1.  FURNISHING  BONDS. — Whenever  any  county,  town- 
ship, city,  village  or  school  district  officer,  hereafter  elected,  shall  be 
required  by  law  to  give  or  furnish  a bond  for  the  faithful  perform- 
ance of  his  duties,  such  bond  may  be  executed  by  some  responsible 
surety,  fidelity,  insurance  or  bonding  company,  authorized  and  quali- 
fied to  do  business  within  the  state  of  North  Dakota,  and  approved 
by  the  board  of  commissioners,  trustees,  supervisors,  council  or 
directors  charged  with  the  approval  of  the  same;  the  premium  for 
such  bond  shall  be  audited  by  such  board  and  paid  out  of  the  general 
fund  of  the  county,  township,  city  or  school  district,  as  the  case 
may  be,  for  whose  benefit  the  same  is  given. 

Sec.  2.  EXISTING  LAWS  NOT  AFFECTED.— This  act  shall 
not  affect  the  provisions  of  section  343a  of  the  revised  codes  re- 
lating to  county  treasurers,  nor  the  furnishing  of  a personal  bond 
by  any  officer  as  may  be  provided  for  by  any  existing  law. 


STATE  OF 'north  DAKOTA 


219 


APPENDIX  E 


SCHOOL  CALENDAR. 

JANUARY. 

First  Monday  (odd  numbered  years) — Terms  of  office  of  state 
superintendent  begin.  Section  638. 

Second  Tuesday — Regular  meeting  of  district  school  board. 
Section  681. 

FEBRUARY. 

Third  Monday — Apportionment  of  state  tuition  fund.  Section 
711. 

MARCH. 

Second  Friday — County  examination  for  teachers.  Section  740. 


APRIL. 

Second  Tuesday — Regular  meeting  of  district  school  board. 
Section  681. 


MAY. 

Last  Friday — County  examination  for  teachers.  Section  740. 

Third  Monday — Apportionment  of  state  tuition  fund.  Section 
711. 

' JUNE. 

District  clerks  to  take  enumeration  before  June  20.  Section  707. 

At  least  fifteen  days  before  first  Tuesday — District  school 

board  designates  polling  places  and  causes  three  notices  of  election 
to  be  posted.  Section  674. 

First  Tuesday — Annual  school  election  at  2 p.  m.  Section  670 
and  674. 

Within  five  days  after  annual  election — Clerk  to  furnish  each 
person  elected  a written  notice  of  election.  Section  677. 

Within  ten  days  after  annual  election — ^District  clerk  forwards  to 
county  superintendent  a certified  list  of  all  officers  elected.  Section 
677«.  . 

Third  Tuesday — Annual  election  in  special  districts.  Section  808. 

Thirtieth — School  year  ends.  Section  749. 


220 


GENERAL  SCHOOL  LAWS 


JULY. 

1st — School  year  begins.  Section  749. 

Ist^ — Assessor  furnishes  school  district  clerk,  coutity  superinten- 
dent and  auditor  the  amount  of  assessed  valuation.  Section  724. 

Second  Tuesday — Regular  meeting  of  district  school  board. 
Section  681. 

Second  Tuesday — District  school  board  organizes  and  elects  a 
president  and  clerk.  Section  680. 

Second  Tuesday  (on  or  before) — School  treasurer  gives  bond 
and  qualifies.  Section  684. 

Before  20th — District  school  board  and  board  of  education  levy 
tax.  Section  699  and  721. 

Immediately  thereafter — District  clerk  and  clerk  of  board  of  edu- 
cation notify  county  auditor  the  amount  levied.  Sections  721  and 
801. 

AUGUST. 

15th  (on  or  before) — County  superintendent  transmits  annual 
report  to  superintendent. 

Third  Monday — Apportionment  of  state  tuition  fund.  Section 
711. 

Last  Friday — County  examination  for  teachers.  Section  740. 

OCTOBER. 

Second  Tuesday — Regular  meeting  of  the  district  school  board. 
Section  681. 

Last  Friday — County  examination  for  teachers.  Section  740. 

NOVEMBER. 

1st — (On  or  before,  in  even  numbered  years) — SuperintendenI; 
makes  report  to  the  governor.  Section  635. 

First  Tuesday  after  first  Monday  (in  even  numbered  years)  — 
Election  of  superintendent  and  county  superintendent.  Sections 
622  and  638. 

Third  Monday — Apportionment  of  state  tuition  fund.  Section 

711.  ■ ' ■ 

DECEMBER. 

1st — Special  and  independent  districts  make  enumeration  of 
school  children  in  the  district.  Section  707. 

Before  20th — District  clerk  and  clerk  of  board  of  education  for- 
ward to  county  superintendent  enumeration  of  school  children. 
Sections  707  and  716. 


STATE  OF  NORTH  DAKOTA 


221 


31st — (On  or  before  in  even  numbered  years) — The  report  of  the 
state  superintendent  is  printed.  Section  636. 


APPENDIX  E 


RULES  AND  FORMS  PERTAINING  TO  OPINIONS,  DECISIONS  AND  APPEALS. 

See  sections  629,  644  and  645. 

Decisions  by  the  superintendent  of  public  instruction  will  be 
given  only  when  appeals  are  made  in  due  form  from  decisions  of 
county  superintendents  of  schools. 

Appeals  must  be  made  through  the  office  of  county  superintend- 
ent, and  in  the  form  prescribed  by  this  office. 

The  county  superintendent  will  transmit  an  appeal,  with  a copy 
of  the  decision  from  which  it  is  taken,  to  this  office,  with  all 
papers  and  all  the  testimony  offered  by  parties  interested  and  upon 
which  his  decision  is  based,  and  he  will  state  any  further  informa- 
tion he  may  possess  which  has  affected  his  decision.  To  all  of 
which  he  shall  attach  his  certificate  and  official  seal. 

All  appeals  from  decisions  of  school  boards  to  county  superin- 
tendents must  be  taken  within  sixty  days. 

All  appeals  from  decisions  of  county  superintendents  to  the  super- 
intendent of  public  instruction  must  be  taken  within  ninety  days. 

In  all  proceedings  relating  to  the  revocation  of  teachers’  certifi- 
cates the  charges  must  be  made  in  writing  and  verified  the  same 
as  pleadings  in  district  courts.  Such  charges  must  be  filed  with 
the  county  superintendent,  and  a copy  of  the  same  served  person- 
ally on  the  party  against  whom  such  charges  are  made,  not  less 
than  fifteen  days  before  the  date  set  for  official  investigation  of 
such,  charges. 

All  allegations  must  be  verified  by  oath,  and  all  petitions  must 
be  accompanied  by  affidavits  to  the  effect  that  the  petitioners  con- 
stitute such  a portion  of  the  community  affected,  as  is  required  by 
law. 

Opinions  as  to  the  meaning  and  application  of  the  law  in  all 
school  matters  should  be  first  sought  from  the  county  superintend- 
ent. County  superintendents  submitting  questions  to  this  office 
upon  the  meaning  and  administration  of  the  law,  or  seeking  ad- 
vice of  any  kind  relating  to  their  official  business,  will  be  answered 
cheerfully  and  as  promptly  as  the  business  of  the  office  will  permit. 


222 


GENERAL  SCHOOL  LAWS 


Note — County  superintendents  have  no  jurisdiction  in  imposing 
fines,  or  in  removing  school  district  officers  from  office. 

In  case  of  appeal  to  the  county  superintendent  against  the  action 
of  the  district  school  board,  the  appellant  shall  use  substantially 
the  following  form : 

AFFIDAVIT  OF  APPEAL. 

The  county  superintendent  acting  thereon  will  notify  the  clerk 
of  the  school  board  in  the  following  form : 

STATE  OF  NORTH  DAKOTA,! 

I^ss. 

County  of  J 

1 

vs.  J- 

School  District  J 

I,  being  duly  sworn,  on  oath,  say : that 

on  the day  of , A.  D.  190.  .,  the 

school  board  of  said  school  district  rendered  a decision  (or  made 
an  order)  whereby  (here  state  facts,  affiant’s  interest  in  the 
decision,  and  the  jury  to  that  interest)  ; that  the  school  board  in 
rendering  the  decsion  (or  making  the  order)  aforesaid,  committed 
errors  as  follows.  (Here  state  the  errors  charged.) 


Subscribed  and  sworn  to,  by  , before  me 

this day  of  . . . . ‘ , A.  D.  190 . . . 


NOTICE  TO  CLERK  OF  APPEAL. 

STATE  OF  NORTH  DAKOTA,! 

|-ss. 

County  of  J 

1 

^ vs.  ^ ^ }■ 

School  District  J 

Clerk  of  the  School  Board  of , School  Dis- 
trict   You  are  hereby  notified  that 

has  filed  in  my  office  an  affidavit  alleging  that  said  school  board, 

on  the day  of , A.  D.  190.  .,  made 

a decision  (or  order)  whereby  (here  describe  the  decision  or  order 
so  that  the  clerk  may  identify  it)  and  claiming  an  appeal  there- 
from. You  are  hereby  required  within  ten  days  after  receiving 
this  notice,  to  file  a complete  transcript  of  the  proceedings  of  the 


STATE  OF  NORTH  DAKOTA 


223 


school  board  relating  to  said  order  together  with  copies  of  all 
papers  filed  with  you  pertaining  to  said  action  appealed  from. 


County  Superintendent  of  Schools  for County. 

Dated  at this  day  of , A. 

D.  190. . . 

In  response  to  the  above  notice  the  clerk  of  the  district  school 
board  wil  make  a transcript,  being  an  exact  copy  of  that  portion 
of  the  records  of  the  proceedings  of  the  meetings  relating  to  the 
action  appealed  from,  with  the  date  of  the  several  meetings,  and 
an  exact  copy  of  each  petition,  remonstrance,  plat  or  other  paper 
relating  to  said  action,  submitted  to  the  board. 

To  the  transcript  thus  made  the  district  clerk  will  certify  as 
follows  and  forward  the  whole  to  the  county  superintendent : 

clerk's  certificate  of  transcript. 


STATE  OF  NORTH  DAKOTA,] 


l^ss. 

j 


County  of  1 . . . . 

I,  , Clerk  of  the  School  Board  of 

School  District  , County  of 

, State  of  North  Dakota,  hereby  certify  that  the  fore- 
going is  a correct  and  complete  transcript  of  the  record  of  all 
proceedings  of  the  School  Board,  and  of  all  papers  filed  relating 
to  the  case vs School  District 


District  Clerk. 


Dated  at 

D.  190. . . 


this 


day  of 


A. 


On  receipt  of  the  certified  transcript,  as  above,  the  county  sup- 
erintendent will  notify  the  appellant,  the  chairman  and  clerk  of 
the  district  school  board,  and  other  persons  known  to  be  inter- 
ested, as  follows : 

NOTICE  OF  HEARING  OF  APPEAL. 


STATE  OF  NORTH  DAKOTA,] 
County  of  


»ss. 


vs. 

School  District 


j 


To  

You  are  hereby  notified  that  there  is  on  file  in  this  office  a tran- 
script of  the  proceedings  of  the  school  board  of school 


224 


GENERAL  SCHOOL  LAWS 


district had  at  a meeting  held  on  the  ....  day  of 

A.  D.  190.  .,  in  relation  to  (here  describe  the  decision  or  order  ap- 
pealed from)  from  which  appeal  has  been  taken;  and  the  appeal 

will  he  heard  before  me  at in  said  county,  on  the 

day  of , A.  D.  190 . . , at  . . o’clock  . . m. 

County  Superintendent  of  Schools  for County. 

Dated  at this  day  of A. 

D.  190... 

The  date  of  filing  of  every  paper  should  be  endorsed  thereon ; 
also,  in  the  case  of  motions,  all  orders  and  rulings  of  the  county 
superintendent.  All  oral  motions  and  evidence  should  be  reduced 
to  writing. 

In  case  of  appeal  from  the  decision  of  the  county  superintendent, 
a transcript  should  be  made  consisting  of  a literal  copy  of  every 
paper  filed,  and  all  endorsements  thereon,  together  with  all  evi- 
dence given ; the  whole  arranged  in  chronological  order  and  clos- 
ing with  the  decision  of  the  county  superintendent  in  full.  The 
following  certificate  should  be  annexed  thereto,  and  the  whole 
transmitted  to  the  superintendent  of  public  instruction : 

COUNTY  superintendent’s  CERTIFICATE  OF  TRANSCRIPT. 

STATE  OF  NORTH  DAKOTA,) 


}>ss. 

County  of  J 

I,  County  Superintendent  of  Schools 

for County,  State  of  North  Dakota,  hereby  certify 


that  the  foregoing  is  a correct  and  complete  transcript  of  the  record 
of  all  the  proceedings  had,  evidence  given,  and  papers  filed  in  my 
office,  and  my  ruling  thereon ; also  my  decision  in  the  case  of 
vs School  District  

County  Superintendent  of  Schools  for County. 

Dated  at ; . . . this  dav  of , A. 

D.  190. . . 

APPENDIX  G 


EDUCATIONAL  DIRECTORY. 

Superintendent  of  Public  Instruction — Walter  L.  Stockwell. 
Deputy — EpwiN  J.  Taylor. 

STATE  EDUCATIONAL  INSTITUTIONS. 

University  of  North  Dakota,  Grand  Forks ; Established  1883 ; 

Opened  1884. 

Webster  Merrifield,  President. 


STATE  OF  NORTH  DAKOTA 


225 


Agricultural  College,  Fargo;  Established  1890;  Opened  1890. 
John  H.  Worst,  President. 

Normal  School,  Valley  City;  Established  1890;  Opened  1893. 
George  A.  McFarland,  President. 

Normal  School,  Mayville;  Established,  1890;  Opened,  1893. 
Joseph  Carhart,  President. 

Industrial  School,  Ellendale ; Established  1890 ; Opened  1899. 

W.  E.  Hicks,  President. 

Academy  of  Science,  Wahpeton;  Established  1890;  Opened  1903. 
Earl  G.  Burch,  President. 

School  for  Deaf  and  Dumb,  Devils  Lake;  Established  1890; 

Opened  1890. 

Dwight  F.  Bangs,  Principal. 

Reform  School,  Mandan;  Established  1890;  Opened  1902. 

J.  W.  Brown,  Superintendent. 

School  for  Feeble  Minded  at  Grafton;  Established  1890. 

Dr.  L.  B.  Baldwin,  Superintendent. 

High  School  Board — All  members  ex-officio — E.  Y.  Sarles,  Gov- 
ernor; W.  L.  Stockwell,  Superintendent  of  Public  Instruction; 
Webster  Merrifield,  President  University  of  North  Dakota. 
Board  of  University  and  School  Lands — All  members  ex-officio — 
President,  E.  Y.  Sarles,  Governor;  Vice  President,  E.  F.  Por- 
ter, Secretary  of  State ; Secretary,  W.  L.  Stockwell,  Supt.  Pub- 
lic Instruction;  H.  L.  Holmes,  State  Auditor;  C.  N.  Frich, 
Attorney  General. 

Land  Commissioner — O.  I.  Hegge. 


School  Laws— 15 


INDEX 


INDEX 


ACADEMY  OF  SCIENCE—  . Section.  Page. 

Appropriation  for  930  139 

Bonds  930  139 

Board  of  trustees 924  138 

appointment  of 925  138 

compensation  929  139 

meetings 925  138 

powers 926  138 

prescribe  conditions  of  admission 927  139 

quorum  933  140 

records 933  140 

Location  215,  923  17,  138 

Instructors,  from  what  fund  paid 929  139 

Object  923  138 

State  treasurer  custodian  of  funds 932  140 

ACCOUNTS— 

County  treasurer  to  keep  with  school  districts  719  61 

Form  of,  for  district  treasurer 717  59 

ACTIONS— 

Brought  in  name  of  the  state  764  82 

Child  labor,  employment  of,  who  may  bring  ....762,  764  82 

Compulsory  attendance  law,  for  violation  of  761  ’ 81 

On  school  treasurer’s  bond 770  83 

District  treasurer  failing  to  pay  bonds  770  83 

who  may  institute  689  42 

For  trespass  on  public  lands  229  192 

state’s  attorney  to  prosecute 233  193 

Adjacent  territory,  how  attached  786  92 

ADJUTANT  GENERAL— 

Loan  of  muskets  to  university 896,  897  131 

ADVERTISING— 

(See  Contracts;  School  and  Public  Lands). 

For  proposals  for  buildings 783  88 

AGE— 

Compulsory  attendance 759  79 

deaf  and  feeble  minded  759  79 

Requisite  for  county  certificate  740,  741  70,  71 

for  first  grade  certificate  742  71,  72 

for  normal  certificate  738  68 

AGENT— 

(See  Commissioner  of  University  and  School  Lands.) 


230 


INDEX. 


AGRICULTURAL  COLLEGE—  Section. 

Board  of  trustees: 

annual  report  to  governor  945 

appointment 936 

bond  of  treasurer 937 

biennial  report  945 

commissions 937 

compensation  938 

degrees,  may  confer  ....  946 

duties  as  to  funds  939 

instructors,  to  employ ....  939 

may  remove 941 

manage  institution 935 

meetings 938 

oath  of  office 937 

organization  937 

qorum  937 

report  to  commissioner  of  agriculture 945 

salaries  shall  fix  941 

superintendent  of  construction 939 

vacancies  936 

Course  of  study  940 

Degrees,  trustees  may  confer  946 

Experiment  station  947,  948 

Faculty  adopt  rules  for  government 942 

report  to  trustees 944 

Geological  survey  (see  sections  898-904a)  

Land  grant  to 16,  17 

accepted 949 

Location 215,  934 

Obj  ect  940 

President,  duties  of  943 

Rents,  penalties,  etc.,  from  lands  1 

Salaries,  trustees  shall  fix 941 

Tax  levy  for  maintenance  1 

one-fifth  of  a mill ■ 3 

Treasurer,  bond  of 950 

ALIENS— 

(See  Appendix  D,  note  25)  

Teacher’s  certificates  not  granted  to 742 


ANNEXATION— 

County  con;missioners  may  annex  districts,  when  662,  663 
APPEALS— 

Applicant  for  teacher’s  certificate  may  appeal,  when 

and  how 741 

From  decision  of  county  superintendent,  how  taken  . .644 
superintendent  of  public  instruction  shall  decide  ....  629 

Practice,  state  superintendent  shall  prescribe  629 

APPORTIONMENT— 

Basis  of 715 

County  tuition  fund,  county  superintendent  makes....  722 
State  tuition  fund,  county  superintendent  makes,  ....  647 

state  superintendent  makes,  when 711 


Page. 


143 

141 

141 

143 

141 

142 

144 
142 

142 

143 

141 

142 
141 
141 

141 

143 

143 

142 

141 

142 

144 
144 

143 

143 
131,  133 

9 

144 
17,  141 

142 

143 
195 

143 
168 
169 

144 


216 

72 


31 


71 

25* 

21 

21 


59 

63 

26 

51,  52 


INDEX. 


231 


APPRAISAL — Section.  Page. 

(See  County  Board  of  Appraisers.)  183  175 

APPROPRIATIONS— 

Academy  of  science 930  139 

Board  of  university  and  school  lands 235  194,  195 

Expenses  of  leasing'  school  lands 234a  194 

Institute  fund 756  78 

Interest  due  on  investments  178  173 

Libraries  625  20 

Maintenance  of  state  institutions  4 169 

State  educational  library  866  120 

State  high  schools  870  121 

Traveling  expenses  state  superintendent 637  23 

ARBITRATION— 

(See  Board  of  Arbitration)  731  66 

ASSESSORS— 

County  superintendent  to  furnish  with  maps  of  school 

districts  643  25 

Examine  state  lands 213  186 

compensation  therefor 213  186 

Furnish  statement  of  valuation  724  64 

Report  deaf  persons . . 961  149 

ASSESSMENT— 


(See  Taxes.) 
ATTENDANCE— 

(See  Truant  Officer.) 


Compulsory — age  for 759 

length  of  time  759 

who  exempt 759 

Penalty  for  failure  to  comply  with  law 760 

for  failure  of  officer  to  enforce  law  761 

ATTORNEY  GENERAL— 

To  collect  past  due  accounts 175 

BALLOTS— 

Form  of,  election  to  divide  district  and  form  special 
district  4 

BANKS— 

Designated  as  depositories,  how 2,  779 

BIBLE— 


Not  to  be  excluded  from  schools  as  a sectarian  book  754 
BLANKS— 


By  whom  to  be  furnished 308 

County  superintendent  to  distribute 641 

State  superintendent  to  prepare  625 

BLIND— 

Enumeration  of 707 


Governor  may  contract  for  education  of  outside  state  973a 


79 
78 

80 
81 
81 


172 


91 


53,  87 


77 


201 

24 

20 


49 

155 


232 


INDEX. 


BLIND  ASYLUM— 

Appropriation 

Board  of  trustees  a 
appointment  of  . . 
'bond  of  treasurer 


instructors,  appoinl 

meetings 

organization 

quorum 

reports 

vacancies 

Erection  of  buildings 


and  government 

Opened  when  completed 

Site 

BOARD  OF  ADJUSTERS— 

How  composed  

Levy  taxes  when 

BOARD  OF  APPRAISAL— 

(See  County  Board  of  Appraisal.) 

BOARD  OF  ARBITRATION— 

Appointment  of 

County  superintendent  and  count}^ 

of 

Duties . . . 

Taxes  levied  by  . . ' 

collection  of 

BOARD  OF  EDUCATION— 
Acquire  and  dispose  of  property  . 

Annual  school  tax 

Assumes  control  when 

Census,  must  take 

Clerk 


how  let . . 

Corporate  name 

Disposal  of  school  property 
Election  of , 


' Investment  of  funds  in  mortgages  (See  Mortgages) 


Section. 

Page. 

1 

155 

. . . 972 

154 

...  968 

153 

...  969 

153 

...  972 

- 154 

...  970 

154 

. . . 972 

154 

...  970 

154 

...  969 

153 

...  969 

153 

...  973 

155 

...  968 

153 

2 

155 

155 

...  971 

154 

...  215 

17 

...  967 

153 

3 

156 

1 

155 

...  725 

64 

. . . 725 

64 

175 

...  731 
■s 

66 

. . . 731 

66 

. . . 732 

6 

733,  735 

66,  67 

. . . 734 

67 

...  797  (6) 

96 

...  801 

98 

...  806 

99 

...  797(15) 

96 

...  794 

95 

...  796 

95 

. . . 792 

94 

. . 792 

94 

. . . 802 

98 

...  787 

93 

...  788 

93 

...  790 

94 

...  812 

101 

. . . 813 

101 

...  811 

101 

811 

101 

...  797(1) 

96 

...  797(3) 

. 96 

...  797  (10) 

97 

...  797(11) 

97 

...  797(7) 

97 

. . 821 

104 

106,  107 

INDEX. 


233 


BOARD  OF  EDUCATION— Continued— 

Maintain  and  discontinue  schools 

Meetings 

Oath  of  office . 

Officers  and  organization 

Powers  and  duties 

President,  duties  of 

Quorum 

Records 

Report,  must  publish 

when  and  to  whom  made 

Resolution  to  provide  for  tax  levy  

Rules  and  regulations  to  make 

School  houses,  buy  or  build 

Schools,  under  whose  superintendence  ... 

Sinking  fund,  investment  of 

Superintendent,  to  emplo}^ 

Surplus  funds,  disposal  of • 

Suspension  of  pupils 

Tax  levy  to  pay  interest  and  sinking  fund 

Teachers,  duties  as  to 

relative  of  board  not  to  be 

Treasurer,  custodian  of  funds  

who  is 

duties  of 

Vacancies 

Visit  schools 

BOARD  OF  EDUCATION— 

Independent  district,  annual  meeting 

compensation 

contracts,  not  to  be  interested  in 

election  of 

canvass  of  votes 

expenditures  must  not  exceed  revenues 

general  powers  enumerated 

how  elected 

may  admit  nonresident  pupils 

member  at  large 

member,  penalty  for  refusing  to  act  . . 

meetings 

officers 

quorum 

real  estate,  how  conveyed 

secretary  of 

shall  notify  members-elect  

style  and  powers 

taxes,  powers  of  board 

. vacancies 

visit  schools 

Special  district — elections  in,  notice  of  . . . 

form  of 

nonresident  pupils,  admission  of 

Under  special  act — election  of 

officers  of  old  district  hold  over 

qualifications 

relatives  of,  may  not  be  teachers  

term  of  office  . . . 


Section. 

Page. 

. 797  (2) 

96 

. 793 

95 

. 8f5 

102 

. 794 

95 

. 797 

96 

. 795 

95 

. 791 

94 

. 796 

95 

. 797  (13) 

97 

. 797  (13) 

97 

. 819 

103 

. 797  (11) 

97 

• 797  (4)  (5) 

96 

. 799 

98 

. 820 

102 

. 797  (9) 

97 

. 827 

105 

. 797  (11) 

97 

. 819 

103 

. 797  (8) 

96 

. 797  (8) 

96 

. 798 

97 

. . 803 

98 

. 804 

99 

. 814  101,  102 

. 797  (12) 

97 

. ..  835 

■ 109 

...  836 

no 

...  836 

no 

...  833 

109 

...  833 

109 

. . 849 

114 

...  846 

113 

. . . 832 

108 

...  848 

114 

. . . 832 

108 

, . . . 854 

116 

. . . 837 

no 

. . . 835 

109 

. . . 832 

108 

...  851 

115 

. . . 838 

no 

. . 854 

116. 

...  835 

109 

...  839 

111 

. . . 834 

109 

...  847 

114 

808,  809 

100 

...  81G 

101 

..  797  (14) 

97 

...  856 

116 

...  861 

118 

...  856 

116,  117 

. . 859 

117 

...  857 

117 

234 


INDEX. 


BOARD  OF  UNIVERSITY  AND  SCHOOL  LANDS— 


of  sale 


Contracts,  discretion  as  to  voiding 

Equalizing  appraisements 

How  constituted  and  powers 


lands  when  leased 
for  coal  mining  . 


Members  must  act  personally 


Officers 


Sales,  approval  of 


Shall  have  full  control  of  school  and  public  lands  . 


Surveys,  may  order 

BONDS— 

Academy  of  Science 

Industrial  school  

Reform  school Chap. 

BONDS — Municipal — 


173, 


Decisions  of  supreme  court 


ditto 


Division  of  indebtedness 


ditto 


ditto 


Section. 

Page. 

. . 170 

170 

. . 170 

170 

. . 235 

194,  195 

. . 224 

190 

. . 190 

17-8 

. . 175 

172 

. . 200 

181 

. . 218 

188 

. . 156 

13 

. . 177 

173 

. . 172 

170 

. . 176 

173 

2M 

190 

. . 217 

187 

. 220 

189 

. . 224 

190 

of  1893 

195 

. . 171 

170 

. . 169 

169 

ndix  G 

225 

. . 169 

169 

. . 169 

169 

. . 170 

170 

. . 228 

192 

. . 173 

172 

, . . 190 

178 

, . . 189 

178 

. . 175 

172 

...  219 

188 

,..  170 

170 

of  1903 

198 

, . . 174 

172 

, . . 194 

180 

. . . 193 

179 

. . . 930 

139 

. . . 980 

159 

ws  1901 

163 

. . . 782 

88 

...  778 

85 

. 818 

103 

205,  206 

. . . 777 

85 

...  2484 

203 

. . . 778 

85 

9 

92 

...  817 

102,  103 

...  778 

85 

..  2486 

203 

84 

. ..  2475 

202 

. . . 822 

104 

..  2474 

202 

...  2474 

202 

INDEX. 


235 


BONDS — Municipal — Continued — 


Section.  Page. 


Independent  school  districts,  authority  to  issue 842 

must  show  what 842 

Interest  fund 2487 

Interest  on 777 

Issue  limited 777 

when  taxes  insufficient 81G 

Limit  of  issue 777 

May  issue  for  school  houses  already  built  784 

Negotiated  how  780 

Refund  of 2483 

Refunding,  issuance  of 824 

law  governing 826 

may  be  exchanged 825 

Register  of 778 

what  to  show 823 

Retirement  through  sinking  fund  

School  board  may  purchase 779 

Sinking  fund 2488 

and  interest,  tax  levy  for 779 

special  district  and  school  district  to  pay 10 

Surplus  fund,  disposal  of 827 

What  must  specify 818 

BONDS — Municipal  refunding — 

Issue  limited 7 

Necessity  determined  by  board 2 

Negotiable,  when 8 

Proceeds  used  only  for  purpose  for  which  issued  ....  4 

School  boards  may  issue  3 

School  districts  ma}^  refund  bonds 1 

Sinking  fund 6 

Treasurer  to  keep  register 5 


111 

112 

203 
85 
85 

102 

85 

89 

88 

202 

104 

105 
105 

85 

104 
199 

87 

204 
87 
92 

105 
103 


125 

124 

125 
124 

124 

123 

125 

124 


BONDS — Official Notes  28,  29,  Appendix  D 


Action  on  school  treasurer’s 770 

Bank  must  give  as  depository  . 779 

Board  of  education 805 

City  treasurer  as  treasurer  of  independent  district  ....  844 

Contractors  must  give 783 

for  labor  and  material  for  public  buildings 4802 

how  executed 4803 

where  filed 4804 

County  auditor  to  furnish  blanks 346 

County  treasurer’s  bond,  conditions  of  209 

Decisions  of  supreme  court Appendix  C 

School  treasurer Note  13,  Appendix  D 


ditto 684 

additional 685 

action  on G89 

Treasurer  agricultural  college 937 

ditto 950 

blind  asylum 969 

trustees  industrial  school 978 

Surety  company Chap.  187,  Laws  of  1901 


Where  filed  689 


217 

83 

83 

99 

112 

88 

204 

204 

204 
201 
185 

205 
214 
216 

39 

40 
42 

141 

144 

153 

157 

40 

218 
42 


236 


INDEX. 


BOOKS — ' Section. 

Free  text 864 

List  for  libraries,  state  superintendent  to  furnish  ....  625 

BOUNDARIES— 

Conformity  with  congressional  township  660 

County  commissioners  may  rearrange 660,  666 

How  changed .• 667 

Independent  school  district  831 

new  districts 661 

no  change  in 659 

Humane  treatment  of  animals 1 

To  be  taught 750,  1 

School  board  may  adopt  additional 698 

Teachers  examined  in  what 741 

BRIGHTWOOD  SCHOOL  TOWNSHIP— 

Special  law Appendix  A 

BUDGE,  WILLIAM — Life  member  Board  of  Trustees 

of  University : 876 

CALENDAR— 

School Appendix  E 

CENSUS—  - • 

Board  of  education  may  take 797  (15) 

Enumeration Note  16,  Appendix  D 

how  made  and  when 707 

reports  to  whom  sent 707 


CERTIFICATES— 

(See  Examination  and  Certificates.) 


CHILD  LABOR— 

Penalty  for 763 

Prohibited,  when 762 

Prosecution  for 764 


CITY  COUNCIL— 

Ordinances  as  to  property  of  independent  districts  . . 853 


CITY  TREASURER— 

Bond  of 844 

Funds  of  independent  district  to  be  paid  to  843 

CLERK  OF  SCHOOL  DISTRICT— 

(See  District  Clerk.) 

COAL  LANDS— 


Leasing  of 

COMMISSIONER  OF  UNIVERSITY  AND  SCHOOL 
LANDS— 


Appointment  of 170 

Bond  records 182 

Cultivated  lands,  may  lease  217a 


Page. 

119 

20 


30 

30,  32 
33 
108 
30 
29 
75 
75 
45 


200 


125 


219 


97 

215 

49 

50 


82 

81 

82 


116 


112 

112 


195 


170 

174 

187 


INDEX. 


237 


COMMISSIONER  OF  UNIVERSITY  AND  SCHOOL 


LANDS — Continued — Section. 

Custodian  of  records 214 

Deputy ■ 181 

Fees  of ,234b 

Furnish  county  treasurer  list  of  lands  sold 212 

list  of  lands  subject  to  taxation  207 

Leasing,  how  conducted 221 

Powers  and  duties 182 

Quarterly  statement  of  funds 182 

Records 182 

public 182 

Report 182 

Salary 180 

Sale  of  lands  by 186 

Seal  182 

Selection  and  sale  of  lands 184 

Subdivision  of  lands 194,  196 

■ Term  of 179 

Vacancy 179 

COMPULSORY  EDUCATION— 

(See  Truant  Officer.) 

Defectives 759 

Exceptions 759 

Penalty  for  neglect 760 

Prosecutions  761 

What  children  must  attend  school 759 

CONTRACTORS—  ’ 

Bond,  must  furnish 783 

ditto 4802 

how  executed 4803 

where  filed  4804 

CONTRACTS— 

Advertised  for 774 

Decisions  of  supreme  court Appendix  C 

How  let 774 

by  board  of  education 802 

Officer  must  not  be  interested  in 767 

Of  irregular  district  ratified 669a 

Proposals  for 774 

School  board  not  to  be  interested  in 836 

Teacher’s,  must  be  in  writing 695 

when  void 742 

CONVEYANCE— 

Of  real  estate  •. 851 

CORPORATION— 

School  district  is 668 

COUNTY  AUDITOR— 

Certificate  on  bonds 778 

Clerk  of  sale  of  school  lands 190 

compensation 190 


Page. 

186 

173 
194 
186 
183 
189 

174 

175 

174 

175 
174 

173 
177 

174 

176 
180 
173 
173 


79 

80 
81 
81 
79 


^89 

204 

204 

204 


84 

205 

84 

98 

82 

35 

.84 

no 

44 

71,  72 


115 


34 


85 

178 

178 


238 


INDEX. 


COUNTY  AUDITOR-^Continued—  Section. 

Clerk  of  leasing 221 

Duty  as  to  levy  for  state  institutions  2 

as  to  school  bonds 778 

as  to  taxes  of  independent  district 840 

Levy  tax  to  pay  bonds,  when 781 

Poll  tax 722 

Publish  notice  of  sale  of  school  lands 185 

Returns  to  land  commissioner 211 

To  furnish  blank  bonds 346 

To  furnish  school  district  plats 669 

report  deaf  persons 961 

COUNTY  BOARD  OF  APPRAISERS— 

Appraise  school  lands 183 

Appraise  lands  for  leasing 218 

Compensation 183 

ditto 218 

Duty 183 

How  constituted  and  duties 157 

Of  whom  composed 183 

COUNTY  COMMISSIONERS— 

Appropriations  in  aid  of  teachers’  institute 758 

Duty  as  to  feeble  minded 9 

as  to  organization  of  school  district 660 

Formation  of  new  districts 661 

May  rearrange  territory,  when 660 

To  examine  records  of  officers 307 

COUNTY  SUPERINTENDENT— 

Acknowledgments,  power  to  take  ....  Note  4,  Appendix  D 

Action  on  district  treasurer’s  bond 689 

Advise  and  direct  teachers 640 

Apportion  state  funds 647 

Assessors,  furnish  with  plats 643 

Bond  of Note  2,  Appendix  D 

Carry  into  effect  instructions  of  state  superintendent  641 

Conference  with  state  superintendent  632 

Convene  teachers 641 

Decide  questions  of  school  law 644 

Decisions  of  supreme  court Appendix  C 

Deputy,  may  appoint 652 

Duties  as  to  school  elections 671 

Election  of 638 

who  may  vote  for 638 

Elections,  duties  as  to 671 

to  form  special  district,  must  call 2 

to  elect  officers  for  special  district,  must  call  7 

to  divide  district,  must  notify  whom  of  result 5 

Examination  of  teachers  by 740 

papers  sent  to  state  superintendent 740 

Funds,  apportionment  of  647 

state  tuition  fund 715 

notice  to  district  treasurer  of  apportionment  715 

payment  not  authorized  unless  treasurer’s  bond  filed  714 

General  duties 639 

Institute  fund 646 

statement  of 755 


Page. 

189 

169 

851 

111 

88 

63 

177 

186 

194 

34 

149 


175 
188 

176 
188 
175 

13 

175 


79 

167 

30 

30 

30 

201 


213 

42 

23 
26 

24 
212 

24 

21 

24 

25 
205 

27 

35 

23 

23 

35 

90 

91 
91 
70 
70 

26 
59 
59 
58 
23 
25 
77 


INDEX. 


239 


COUNTY  SUPERINTENDENT— Continued™  Section. 

Instruct  officers  in  record  keeping 643 

Meet  with  school  officers 643 

Notify  clerk  of  appointment  to  fill  vacancy 728 

district  treasurer  of  apportionment 715 

Not  to  be  absent  from  county  655 

to  have  any  other  business 655,  657 

to  teach 654,  657 

Oaths,  may  administer,  when 645 

Office  rent,  postage,  etc • 651 

Officers,  instruct  in  record  keeping 643 

meet  with 643 

Permits  to  teach 741 

Plats,  furnish  assessors  with 643 

Qualifications 653 

ditto Note  6,  Appendix  D 

Records  of (!42 

Removal  of,  when 656 

Report  to  state  superintendent 649 

Salary  and  how  determined 652 

ditto Note  5,  Appendix  D 

withheld  until  report  is  filed 649 

School  law,  decide  questions  of 644 

Seal  of  642 

Special  districts,  call  election  to  form 2 

State  funds,  apportionment  of 647 

tuition  fund,  apportionment  of * 715  • 

Teach,  must  not 654,  657 

Teachers,  advise  and  direct 640 

convene  for  instruction 641 

certificates,  may  revoke 648,  744 

notice  of  revocation,  published  when 745 

permits  to  teach 741 

Teacher’s  institutes,  consult  with  state  superintendent  757 

notice  of * 751 

Term  of  office  638 

Vacancy 727 

Visit  schools  640 

Who  may  vote  for 638 

COUNTY  TREASURER— 

Accounts  with  school  districts  719 

Bond,  conditions  of 209 

Duty  as  to  payments  on  school  lands 208 

Fees  on  collections  on  land  contracts 210 

Notify  clerk  of  payments  made  to  district  treasurer  . . 718 

To  collect  fees 234b 

When  to  pay  funds  to  district  treasurer 718 

COURSE  OF  STUDY— 

In  common  schools 750 

DEAF  AND  DUMB  ASYLUM— 

Amendment  to  constitution  changing  name  

Board  of  trustees : 

appointment  of 952 

biennial  report 966 

compensation 958 

ditto 966e 


Page. 

25 

24 
55 
59 
29 
29 
29 

25 
■ 27 

25 

25 

71 

25 
28 

213 

24 
29 

26 
27 

213 

26 

25 
24 
90 

26 
59 
29 
24 
24 

26,  73 
73 
71 
78 
76 
23 
65 
23 
23 


61 

185 

184 

185 
61 

194 

61 


75 


147 

47 

151 
149 

152 


240 


INDEX. 


DEAF  AND  DUMB  ASYLUM— Continued- 

deposit  of  funds  

duties 

meetings 

oath 

organization 

quorum 

ditto 

records  

vacancies 

Clothing,  how  furnished 

Compulsory  education  of  deaf  persons 

Deaf  persons  to  be  reported  by  assessors  .... 

Employment  of  pupils 

Enumeration  of  deaf  persons 

Faculty — qualifications  of  principal 

report  of 

salary  of  

Funds,  how  kept  and  disposed  of  

Indebtedness  limited 

Land  grant  to  

Location  of 

Matron,  duty  of 

Nonresident  pupils,  fee  for 

Records,  open  to  inspection 

Rents,  penalties,  etc.,  from  lands  

Residents  educated  free . 

Tax  levy  for  maintenance 

13-100  of  a mill 

Transportation  of  pupils,  when  and  how  paid 

DEFECTIVES— 

Compulsory  education  of 

DEPOSITORIES— 

Board  designates 

Bonds  

time  deposit 

Checks  

Equal  balances 

Funds  to  be  deposited  . 

Highest  bid  accepted 

Interest 

two  per  cent  limit 

Minimum  amount 

Monthly  statement  

More  than  one 

Penalty  for  violation 

Proposals  for  deposit 

Repeal 

Time  deposit  when 

Treasurer  exempt  from  liability 

Where  one  bank  or  no  bank *. 

DEPOSITORIES — Special  districts — 

Bond  of 

How  established 

School  board  may  designate 

Statements,  must  furnish,  when 


Section. 

Page. 

...  955 

148 

954,  956 

148 

...  953 

148 

...  954 

148 

. . . 953 

^ 148 

...  953 

148 

. . . 966c 

152 

...  954 

148 

. . . 952 

148 

...  962 

149 

...  759 

79 

...  961 

149 

...  964 

151 

. ..  707 

49 

. . . 964 

150 

...  964 

150 

. . . 964 

151 

...  966  (b)  (d) 

152 

, . . . 957 

149 

...  17 

9 

215,  951 

17,  147 

...  965 

151 

..  ..959 

149 

152 

1 

195 

...  960 

149 

1 

168 

3 

169 

...  963 

150 

...  759 

79 

2 

53 

4 

54 

8 

56 

. . . . 13 

57 

6 

55 

1 

53 

4 

54 

. ...  12 

57 

9 

56 

. ..  16 

57 

. ...  12 

57 

5 

55 

. 11,  17 

56,  58 

3 

53 

. ...  18 

58 

7 

56 

15 

57 

, . . . 14 

57 

105 

105 

. . . . 779 

87 

, . . . 779 

87 

INDEX. 


241 


DEPUTIES—  Section. 

Appointment  of Note  31,  Appendix  D 

County  superintendent,  salary  of 652 

DIRECTORY,  EDUCATIONAI^ 

Names  of  officers  Appendix  G 

DISTRICT  CLERK— 

Appointment  of 680 

ditto Note  11,  Appendix  D 

Census 707 

Compensation 683 

Duties 683 

as  to  bond  issue 778 

False  reports,  penalty  for  772 

Notify  county  auditor  of  tax  levy  721,699 

persons  elected  on  school  board  677 

Post  notices  of  elections 671 

Qualifications Note  11,  Appendix  D 

Records  open  to  public 708 

Tax  levy,  notify  county  auditor 699,721 

Vacancy 729 

DISTRICT  HIGH  SCHOOLS— 

Adjacent  districts  may  unite 706 

Course  of  study 706 

How  established 706 

Length  of  term 706 

EDUCATIONAL  ASSOCIATION— 


State  superintendent  to  publish  proceedings,  Sec.  1, 

> Chap.  87,  Laws  1903,  

distribution  of  . 

EDUCATIONAL  DIRECTORY  — 


Names  of  officers Appendix  G 

ELECTIONS— 

Board,  how  constituted 675 

By  secret  ballot 129 

Canvass 676 

Certificate  of  election 677 

Conduct  of 676 

District  officers,  when  elected  : 670 

For  district  high  school 706 

school  sites 701 

Notice  of 674 

form  of 671,  674 

Of  county  superintendent 638 

Officers,  county  superintendent  to  appoint 671 

oath  of 675 

Polls  open,  hours 673 

Polling  places,  county  superintendent  to  fix 671 

Question  of  conveying  pupils 704 

Term  of  office Note  9,  Appendix  D 

Tie,  how  determined 676 

Vacancy  in  board 675 

Who  may  vote 672 


Page. 

218 

27 


224 


38 
214 

49 

39 
39 

85,  86 
83 
62 
38 
35 
214 

50 

45,  62 
65 


48 

49 

48 

49 


23 

23 


224 


37 

11 

37 

38 
37 

35 
48 

46 

36 

35 , 36 
23 

35 

37 

36 

35 

47 
214 

37 
37 

36 


School  Laws— 16 


242 


INDEX. 


ELECTIONS  FOR  BONDS—  Section. 

General  statutes 2475 

To  issue 775 

ballots  776 

called  on  petition 776 

notice  of 776 

By  board  of  education 817 

ELECTION—  . 

Board  of  education 790 

canvass  of  returns 812 

certificate  of  election 813 

election  precincts  and  officers 811 

organization  of  election  board 811 

In  independent  district  828 

ballots  form  of ^ 830 

conduct  of .' 833 

compensation  election  board  833  • 

notice  of 829 

Special  district,  organization  of 789 

ballots,  form  of 4 

officers  for  special 7 

officers  of  election 2 

notice  of 3 

Special  district,  board  of  education  808 

notice  of 809 

form  of 810 

Under  special  act : 

board  of  education 857 

how  conducted 858 

EMBEZZLEMENT— 

What  is 769 

EMINENT  DOMAIN— 

Exercise  of 702 

ENGLISH  LANGUAGE— 

To  be  used  exclusively 709 

EQUALIZATION  OF  INDEBTEDNESS— 

By  board  of  education 806 

Of  independent  district  under  special  act 862 

EVIDENCE— 

Transcript  from  clerk’s  records  is  prima  facie 796 

EXAMINATION  AND  CERTIFICATES— 

Examination  of  teachers 736 

by  county  superintendent 740 

Fee  for  certificate 739,  742,  743 

Certificates,  to  Vv^hom  granted  742 

to  whom  not  granted 742 

where  valid 742 

/ revocation  of 744 

how  revoked 739 

procedure 745 

fact  of  revocation  published,  when 745 

university  graduates  entitled,  to  889 


Page. 

202 

84 

84 

84 

^ 84 

102,  103 


94 

101 

101 

101 

101 

107 

108 
109 
109 
107 

94 

91 

91 

90 

90 

100 

100 

101 

117 

117 


83 


46 


50 


99 

118 


95 


67 

70 

69,  72 
72 
72 

72 

73 
70 
73 
73 

130 


INDEX. 


243 


EXAMINATION  AND  CERTIFICATES— Continued- 


Section. 

normal  certificates,  who  entitled  to 738 

professional  certificate,  how  obtained 737 

Grades,  how  established 741 

Permits  to  teach 741 

Questions  to  be  prepared  by  state  superintendent  ....  626 

Re-examination 741 

EXPENDITURES— 

Not  to  exceed  revenues 849 

EXPERIMENT  STATION— 

At  agricultural  college 947,  948 

FARGO,  CITY  OF— 

Independent  district Appendix  A 

FEEBLE  MINDED— 

Compulsory  education 759 

Enumeration  of 707 


FINES  AND  PENALTIES— 

Breaking  leased  school  land 

Child  labor 

Compulsory  education 

Disturbing  schools 

Embezzlement  of  funds 

Failure  to  display  flag 

to  endorse  unpaid  warrants 

to  make  reports 

False  reports 

Falsifying  election  returns 

Mining  without  a lease 

Neglect  of  duty  by  school  officer 

Officer  being  interested  in  contract 

Refusing  to  act  as  member  of  board  of  education  . . 

/Speculation  in  office 

Trespass  on  public  lands 

Trustee  of  industrial  school  interested  in  contract 

Under  city  ordinances 

Unlawfully  drawing  school  money 

FLAG— 

(See  United  States  Flag)  865 

FORESTRY,  SCHOOL  OF— 

(See  School  of  Forestry) 

FREE  PUBLIC  SCHOOL  SYSTEM— 

Defined 

FREE  TEXT  BOOKS— 


Contracts  for,  time  limit 863 

Price  lists,  publishers  must  file 863 

Provided,  when 864 

Publishers  must  deposit  samples  863 

School  board  has  authority  to  adopt  and  supply 863 

GENERAL  SCHOOL  FUND— 

Of  what  composed 215 

Damages  for  trespass  belong  to 232 


226 

763 

760 

773 

769 

865 

771 
306 

772 
766 


765 
. . 767 

..  854 
..  7632 
. . 230 

..  979 

. . 853 
..  768 


Page. 

68 

68 

70 

71 
20 
71 


114 


144 


200 


79 

49 


191 
82 
81 
83 
83 

120 

83 

200 

83 

82 

197 

82 

82 

116 

205 

192 
158 
116 

83 


120 


161 


19 


119 

119 

119 

118 

118 


186 

193 


244 


INDEX. 


GEOLOGICAL  SURVEY—  Section.  Page 

(See  pages  137-139.) 

Appropriation  for 904a  133 

Duty  of  trustees  of  university 898  131 

Extent  of 899  132 

Trustees  of  university  shall  cause  to  be  made 902  ' 132 

GOVERNOR— 

Ex-officio  member  board  of  management  of  normal 

schools  908  134 

of  high  school  board, 867  120 

HAY— 

Permits  from  board  of  university  and  school  lands  . . . 228  192 

When  to  be  cut 227  192 

HEALTH  AND  DECENCY— 

Duties  of  school  board  as  to 874  ^ 123 

HIGH  SCHOOLS— 

Board  of  education  to  establish  and  maintain 797  (3)  96 

HIGH  SCHOOL  BOARD— 

Amount  of  aid  to  classified  schools 870  121 

Appropriation  for  aid 870  121 

Examination  of  students  for  admission 868  120 

Funds  pro  rated  if  appropriation  insufficient  870  122 

Members  to  serve  without  compensation 871  122 

must  visit  schools 870  121 

names  of Appendix  G 225 

Of  whom  composed 867  120 

Powers  of 872  122 

Records  of 873  122 

Requirements  for  classification 869  120 

What  schools  entitled  to  be  classified  868  120 

HITCHING  POSTS— 

Board  must  provide  four  Chap.  188,  Laws  1901  51 

HOLIDAYS— 

No  school  on  ..  749  74 

What  are Note  27,  Appendix  D 216 

ILLITERACY— 

Legislature  to  prevent 151  12 

INDEBTEDNESS— 

Bonds  to  pay  outstanding 775  84 

Equalization  of 731  66 

by  board  of  education 806  99 

INDEPENDENT  SCHOOL  DISTRICTS— 

Bonds,  authority  to  issue 842  111 

Boundaries  of 831  108 

Debts  of  old  district,  new  to  assume 855  116 

Election  of  board  of  education 828  107 

Funds  of,  paid  to  city  treasurer 843  112 

how  kept  and  paid  out 845  113' 

Health  and  decency,  duty  of  board  as  to  874  123 

How  organized 828  107 

Name  of 831  108 


INDEX. 


245 


INDEPENDENT  SCHOOL  DISTRICTS— Continued- 


Section. 

Special  laws Appendix  A 

Taxes,  limitation 841 

Title  to  property  is  in  district 850 

Treasurer,  report  of,  when 852 

contents  of  . . 852 

Under  special  law,  abolished 860 

equalization  of  debts  and  assets 862 

INDUSTRIAL  SCHOOL— 

Board  of  trustees,  appointment  of 976 

bond 978 

compensation 977 

disposition  of  funds,  shall  direct 981 

meetings 977 

not  to  be  interested  in  contracts 979 

oath  of 978 

organization 977 

quorum 977 

reports 983 

shall  audit  accounts 981 

vacancies 976 

Bonds  of 980 

Building,  erected  where . 979 

plans  and  specifications  for 978 

proposals  for 979 

Endowment 975 

Faculty,  powers 982 

reports ■ 983 

trustees  shall  employ , . . 982 

Gifts,  donations,  etc 981 

Location 215,  974 

Management 976 

Object • 974 

Sinking  fund  980 

State  treasurer  custodian  of  funds 981 

Superintendent  of  construction 979 

INSTITUTE  FUND— 

(See  School  Funds.)  743 

How  created 646 

Use  of 646 

INSTITUTION  FOR  FEEBLE  MINDED— 

Board  of  trustees,  appointment  2 

compensation 12 

duties 4 

duty  of  officers 7 

meetings  3 

organization 3 

power  over  property 10 

powers 4 

quorum 3 

reports 11 

secretary 7 

compensation  of 12 

treasurer  7 

Clothing  for  pupils 6,  8 

History 


Page. 

200 

111 

115 

115 

115 

117 

118 


156 
158 

157 
160 

157 

158 
157 
157 

157 
161 
160 
156 

159 

159 

158 

158 
156 

160 
161 
160 
160 

17,  156 
156 
156 

159 

160 

158 


72 

25 

26 


165 

168 

165 

166 
165 
165 
167 
165 

165 

167 

166 

168 
166 
166 
164 


246 


INDEX. 


INSTITUTION  FOR  FEEBLE  MINDED— Continued- 


Location  

Pupils,  who  may  become 

Superintendent  and  other  officers. 

qualifications 

reports  to  trustees 

Transportation  of  pupils 

INTEREST— 

Unpaid  warrants  bear 

INTEREST  FUND— 

For  bonds,  general  statute 

LAND  GRANTS— 

To  educational  institutions 

Sale  of  lands 

LEASING  COAL  LANDS— 

Statute  of  1903  

LIBRARIES— 


appointment  of 


District  and  traveling, 
and  purchase  books  f 


state  superintendent  to 


LIGNITE  COAU- 

State  institutions  to  use Note  30,  A 

LISBON,  CITY  OF— 

Independent  district .A 

MAINTENANCE— 

Of  state  institutions 

MORALS,  PUBLIC— 

Importance  of,  to  be  taught 

Instruction  in 

MORTGAGES— 

Investment  of  school  funds  in 

ditto 

Not  to  exceed  ten  years 

by  whom  and  on  what  lands 

foreclosure  

in  the  name  of  the  state . . . 

paid  after  five  years 

NARCOTICS— 

Duty  of  school  board  as  to 76 

Effect  of,  to  be  taught 75 

ditto  750 

Examination  of  teachers  with  reference  to  77 

NON-RESIDENT  PUPILS— 

Board  of  education  may  admit  797  (14),  848 

when Note  14,  Appendix  D 


Section. 

Page. 

1 

165 

6 

166 

5 

166 

5 

166 

. 11 

167 

6,  9 

166,  167 

. 687 

41 

. 2487 

203 

7,  215 

9,  17 

. 160 

14 

195 

Section. 

Page. 

. 625 

20 

. 694 

!t 

43 

. 625 

20 

. 625 

20 

idix  D 

217 

idix  A 

200 

168 

. 149 

* • 12 

. 754 

77 

106 

. 172 

171 

106 

. 107 

107 

. 175 

172 

107 

7,  114 
215 


INDEX. 


247 


NORMAL  GRADUATES—  Section.  Page. 

Certificates,  first  and  second  class 738  08,  09 

professional 737  08 

NORMAL  SCHOOLS— 

Board  of  management,  compensation 911  135 

consist  of  how  many 908  134 

duties  as  to  funds 914  130 

fix  salaries  of  employes 915  130 

for  each  normal  school 907  134 

have  management  of  property 915  130 

propose  names  of  teachers 915  130 

report  to  trustees 915  130 

Board  of  trustees,  biennial  report 920  137 

commissions 910  135 

compensation  911  135 

determine  length  of  school  term  910  137 

ex-ofificio  members 908  134 

fix  salaries  of  instructors 910  136 

how  constituted 908  134 

meetings 911  135 

limit 911  135 

organization 909  134 

secretary 910  135 

salary  of 911  135 

term  of 909  134 

vacancies ' 909  134 

Course  of  study 913  130 

Diplomas,  who  entitled  to 921  137 

Endowment  and  maintenance 906  134 

Faculty,  annual  report  of 919  137 

powers  and  duties 917  137 

Graduates,  normal  certificates 738  68 

professional  certificates 737  68 

Land  grant 17  9 

Location 215,  905  17,  133 

Management  of 907  134 

Nonsectarian  913  135 

Object • 913  135 

Principal,  duty  of 918  137 

State  professional  certificate 922  138 

State  treasurer  to  keep  funds 912  135 

Superintendent  of  construction 914  136 

compensation  914  136 

Tax  levy  for  maintenance 1 168 

12-100  of  a mill 3 169 

NORTH  DAKOTA  ACADEMY  OF  SCIENCE— 

(See  Academy  of  Science.) 

NOTICE— 

Sale  of  school  lands,  county  auditor  to  publish  185  177 

OATH  OF  OFFICE— 

Board  of  education 815  102 

Filed  with  clerk 678  38 

Form  of 678,  Note  32  37,  218 

Where -filed 689  42 


248 


INDEX. 


OFFICE — Section. 

Term  of Note  9,  Appendix  D 


OFFICIAL  BONDS— 

(See  Bonds,  official.) 
PENALTIES— 

(See  Fines  and  Penalties.) 
PERMANENT  SCHOOL  FUND— 


How  invested 176 

What  belongs  to 215 

PERMITS  TO  TEACH- 

Granted,  when 741 

To  whom  granted 742 

not  granted 742 

PHYSICAL  EDUCATION— 

Teachers  to  give 754a 

POLL  TAX— 

County  auditor  to  levy 722 


PRESIDENT  OF  SCHOOL  BOARD— 
(See  School  Board.) 


PROPERTY— 

May  be  taken  by  gift  or  devise  . 

Not  subject  to  lien  

Title  to  is  in  district 

PUBLIC  SCHOOL  SYSTEM— 

Consists  of  what 

PUBLIC  INSTITUTIONS— 

Location  of 

PUBLIC  MORALS— 

To  be  inculcated  by  teachers  . . . 
PUPILS— 

Teacher  may  suspend 

may  grade 

QUARANTINE— 

Effect  of  on  teacher’s  salary  . . . 
READING  CIRCLES— 


850 

850 

850 


215,  216 

754 

697,  752 

753 

. . . . Note  21,  Appendix  D 


(See  Superintendent  of  Public  Instruction.) 

REAL  ESTATE— 

How  conveyed ^f88 

ditto 851 

RECORDS— 

County  commissioners  to  examine  307 

REFORM  SCHOOL— 

Bonds  for  building Chap.  173,  Laws  1901 

Funds  deposited  with  state  treasurer  

Land  grant  to H 

Location 


Page. 

214 


176 

186 


71 

72 
72 


63 


115 

115 

115 


19 


16,  17 
77 


45,  76 
76 


216 


93 

115. 


201 


163 

163 

9 

163 


INDEX. 


249 


REFUNDING  BONDS—  Section. 

(See  Bonds,  municipal.) 

REPORTS,  OFFICIAL— 

Superintendent  of  public  instruction  635,  636 

RULES  AND  FORMS— 

Pertaining  to  opinions,  decisions  and  appeals  Appendix  F 
SALARY— 

County  superintendent 652 

District  treasurer 690 

Superintendent  of  public  instruction 637 

Teachers’,  graded 695 

SCHOOL  BOARD— 

Action  on  treasurer’s  bond  689 

Annual  statement,  treasurer  must  publish 686 

Blanks,  must  furnish 346 

Bonds,  may  purchase 779 

Cancellation  of  paid  bonds 782 

Census 707 

Clerk  of • 680 

ditto Note  11,  Appendix  D 

compensation  683 

duties 683 

vacancy 729 

Comnensation 681 

ditto Note  12,  Appendix  D 

Consolidation  of  schools 704 

Contracts,  not  to  have  interest  in 767 

Course  of  study  and  additional  branches 698 

Depositories  may  designate 779 

District  high  school,  election  for  706 

Employ  and  dismiss  teachers 695 

Equalization  of  indebtedness  731 

Fix  length  of  school  held  each  year 704 

Free  text  books,  powers  as  to 863 

Funds,  treasurer  pays  out,  how  686 

Furniture  and  apparatus 694 

Indebtedness,  equalization  of  731 

Investment  of  funds 

may  buy  bonds 

Government  and  discipline  of  schools 697 

Health  and  decency,  duties  as  to 874 

Hitching  posts,  must  provide  

How  constituted 679 

Length  of  school  year 704,  705 

Library 694 

Meetings,  regular 681 

special 681 

New  school  for  remote  pupils 703 

Not  less  than  six  months’  school 704 

Organization 680 

Physical  education,  make  provisions  for 754a 

Powers,  general . 691 

President,  duties  of 682 

duty  as  to  compulsory  education 761 

Proposals  for  building  school  houses  783 

Pupils,  conveying 704 


Page. 


22 


221,  224 


27 

42 

23 

44 


42 
41 

201 

87 

88 
49 

38 
214 

39 
39 

65 
38 

214 

48 

82 

45 

87 
48 

44 

66 
47 

118 

41 

43 
66 

105 

106 

45 
123 

51 

38 

47,  48 

42 
38 
38 
47 

47 
38 
77. 
42 
38 
81 

88 

48 


250 


INDEX. 


SCHOOL  BOARD — Continued — 

from  other  districts,  may  admit 
from  unorganized  districts  


suspension  and  expulsion  of 
transfer,  may 


Repairs,  fuel  and  supplies 
Report  library  statistics.  . . 


School  house,  may  permit  use  for  other  purposes 
conditions  on  which  use  is  permitted 


Stables,  in  rural  districts 
Supplies,  fuel  and  repairs 


how  made  and  when 

no  abatement  after  notice  to  county  auditor  .... 

Teachers,  employ  and  dismiss  

Text  books,  free,  powers  as  to 

Treasurer,  bond  of 

additional  bond 

action  on  

fidelity  company 

premium,  district  must  pay 

vacancy  • 

Truant  officer,  may  employ,  when 

Vacancies 728 

SCHOOL  CALENDAR—  Ap 

SCHOOL  DISTRICTS— 


Bonds,  meeting  to  vote  on  (see  Elections) 
Boundaries 


future  changes  in 
general  changes  in 
rearrangement  of 


Conditions  on  which  organized 


Consolidated,  when 

Contracts  of,  irregular,  ratified 


Debt  of,  bonded,  to  be  included  in  estimate. 


no  bill  to  be  paid  until  statement  is  filed  and  audited 

not  to  exceed  5 per  cent  valuation 

payment  of  principal  and  interest  to  be  provided  for 


>ection. 

Page. 

696 

44 

696 

44 

bx  D 

215 

697 

45 

696 

45 

704 

48 

703 

47 

679 

38 

708 

50 

703 

47 

693 

42 

694 

43 

692 

42 

703 

47 

700 

45 

700 

45 

7632 

205 

51 

693 

42 

721 

62 

779 

87 

699 

44 

699 

45 

695 

44 

863 

118 

684 

39 

685 

40 

770 

83 

40 

40 

684 

40 

761 

81 

728 

65 

lix  E, 

219 

714 

58 

775 

84 

660 

30 

666  (5) 

33 

667 

33 

666  (6) 

33 

666 

32 

666  (1) 

32 

660 

30 

666  (2) 

33 

666  (4) 

33 

669a 

35 

719 

61 

183 

16 

183 

16 

185 

16 

187 

16 

186 

16 

183  ' 

16 

184 

16 

lix  C 

205,  212 

INDEX. 


251 


SCHOOL  DISTRICTS — Continued — Section.  Page. 

Divided  when G 91 

Division  to  form  special  district 1 90 

of  property  on  division  of  district 8 91 

of  by  natural  obstacle 662  31 

Election  on  bonds,  petition  for 776  84 

Fractional  township  may  be  consolidated 664  31 

General  changes  in  boundary  lines 666  (6)  33 

Having  no  school  board,  creditors  how  paid 725  64 

taxes  in 725  64 

Irregularities  legalized 669a  35 

May  sue  and  be  sued,  contract  and  hold  property  ....  668  34 

Name  of 665  32 

New,  how  formed 661,  667  30,  33 

Not  entitled  to  tuition  funds  unless  enumeration  taken  714  58 

Numbers  of 665  32 

old,  retained 665  32 

Officers,  in  new  district 670  35 

election  of 670  35 

term  of 670  35 

Organization Note  8,  Appendix  D 213 

Partly  organized  territory 666  (3)  33 

Petition  for  organization  660  30 

Plats,  county  auditor  to  furnish 669  34 

Property  pledged  as  security  for  bonds  822  104 

Schools  must  be  free 759  80 

School  houses  already  built,  may  bond  for 784  89 

Security  for  bonds,  property  is 822  104' 

Special  and  independent,  entitled  to  tuition  fund,  when  716  59 

Territory  in  two  counties,  how  divided 662  ^ 31 

To  conform  to  civil  township 659,  29 

Town  or  village  divided  by  county  line  663  31 

Treasurer’s  bond,  action  on 770  83 

Tuition  fund,  not  entitled  to  unless  enumeration  taken  714  58 

What  constitutes  . . ; 658  29 

What  territory  may  be  organized  into 660  30 

SCHOOL  FUNDS— 

Attorney  general  to  collect  past  due  accounts  175  164 

County  tuition  fund,  how  apportioned 722  (2)  63 

how  levied 722  63 

Damages  recovered  for  trespass  belong  to  general  fund  232  193 

Decisions  of  supreme  court  ........  ....  Appendix  C 205 

Deposit  in  depository  releases  treasurer  from  liability.  . 779  88 

District  funds  controlled  by  treasurer 713  58 

not  entitled  to,  unless  enumeration  made 714  59 

treasurer’s  books,  how  kept  713  58 

Embezzlement  of 769  83 

How  paid  out 686  41 

Independent  districts,  expenditures  not  to  exceed 

revenues  849  114 

how  kept  and  paid  out 845  113 

Institute  fund,  fee  for  certificates 743  72 

Interest  coupons,  payment  of  821  104 

Investment  of 1,  172  105,  170 

school  board  may  buy  bonds 3 106 

in  mortgages 4 106 


252 


INDEX. 


SCHOOL  FUNDS — Continued — Section. 

Not  to  be  used  for  private  or  denominational  schools 

Appendix  D 

Permanent  aud  general  funds 215 

apportionment  of 154 

care  of 165 

created  13,  153,  159  8, 

investment  of ! 162 

proceeds  from  land  sales 159 

Special  fund,  defined 712 

State  tuition  fund,  apportionment 710 

by  county  superintendent 715 

by  state  superintendent 711 

county  treasurer,  duty  of 711 

defined 712 

excess,  how  used 712 

how  raised 710 

how  used 712 

interest  on  permanent  fund  kept  separate  711 

independent  and  special  districts  entitled  to,  when.  . 716 

new  district • 714 

state  auditor,  duty  of 711 

warrants  on  state  treasurer 711 

Surplus,  disposal  of 827 

Unlawful  drawing,  penalty  for 768 

When  county  treasurer  to  pay  district  treasurer 718 

SCHOOL  OF  FORESTRY— 

Board  of  directors,  appointment  of 1020h 

audit  accounts 1020k 

commissions 1020i 

compensation 1020j 

meetings 1020j 

oath 1020i 

organization  1020j 

quorum 1020i 

reports 10201 

vacancies 1020h 

Course  of  study 1020g 

Location 1020g 

Management 1020h 

Object 1020g 

Tax  levy  for  maintenance 1 

3-100  of  a mill ’. 3 

SCHOOL  HOUSES— 

Board  of  education  to  buy  or  build 797  (4)  (5) 

Bonds  for  building 775 

of  contractors 4802 

how  executed 4803 

Contracts  for  building 802 

Location  of Note  15,  Appendix^  D 

May  be  used  for  other  purposes  . 700 

Proposals  for  building 783 


SCHOOL  LAWS— 

Superintendent  of  public  instruction  shall  publish  ....  631 


Page. 


215 

186 

12 

15 

12,  14 
15 
14 
52 
51 
59 
51 

51 

52 
52 

51 

52 
51 
59 
58 
51 
51 

105 

83 

61 


161 

162 

162 

162 

162 

162 

162 

162 

162 

161 

161 

161 

161 

161 

168 

169 


96 

84 

204 

204 

98 

215 

45 

88 


21 


INDEX. 


253 


SCHOOL  OF  MINES— 

Land  grant  to 

Location  of  

Tax  levy  for  maintenance 

SCHOOL  AND  PUBLIC  LANDS— 

Action  to  recover  possession 

Appraisal  of  subdivision 

(See  County  Board  of  Appraisal.) 

Assessors  to  examine  lands 

Claim  for  occupation,  etc,,  not  recognized  .. 

Contracts  of  sale  assignable 

payments  on,  made  to  county  treasurer.  . . . 

surrender  and  division  of 

void  on  failure  to^  pay  principal  or  interest 
Damages  for  trespass  go  to  general  fund  . . . 

Equalizing  appraisement  

Fee  in  state  until  contract  is  fulfilled 

Land  commissioner,  fees  of 

Lease  of 

adjournment  of 

appropriation  for  expenses  

contract  of 

cultivated  lands 

hay,  when  to  be  cut 

highest  bidder  must  deposit  amount  bid  . . . 

how  conducted 

land  subject  to 

notice  of 

removal  of  improvements 

second  bid  accepted,  when 

selection  of  lands  for 

timber  not  to  be  destroyed 

uncultivated  lands  must  not  be  broken  . . , 

Leasing  for  coal  mining 

manner  of 

mining  without  lease,  penalty 

price  to  be  paid , . . 

restrictions ; . . 

right  to  rent  surface  reserved 

rules  to  determine  rental 

schedule  of  lands 

Notice  of  sale 

Patents,  how  executed 

record  of  

when  to  issue 

ditto 

Payments,  disposition  of  . . . 

Property  severed  to  be  seized 

Reconveyance  to  United  States,  when  .... 
Records  to  be  deposited  with  commissioner  . 

Reservation  of  

Resale  of 


Sale  of  lands 

adjournment  of  . . 
amount  to  be  sold 
approval  of 


Section. 

Page. 

9 

...  215 

17 

1 

168 

. . . 203 

182 

. . . 195 

180 

...  213 

186 

. . . 163 

15 

198 

180 

...  208 

184 

. . 199 

J81 

. . . 200 

181 

. . . 232 

193 

. . 218 

188 

. . . 202 

182 

. . 234b 

194 

. . : 161 

14 

. . . 223 

190 

. . . 234a 

194 

. . . 224 

190 

. . . 217a 

187 

997 

192 

922 

190 

. . . 221 

189 

...  217 

187 

. . . 220 

189 

...  225 

191 

22'^ 

190 

...  219 

188 

. . . 225 

191 

. . . 226 

191 

1 

195 

■ 2 

196 

8 

197 

3 

196 

6 

197 

5 

196 

4 

196 

7 

197 

...  185 

177 

...  205 

183 

...  206 

183 

...  158 

14 

202,  205 

182,  183 

...  208 

184 

..  231 

186 

...  204 

183 

...  214 

186 

b 10,  17 

7,  8,  9 

...  187 

177 

. . . 201 

182 

17,  215 

9,  17 

...  160 

14 

...  188 

178 

...  216 

187 

'...  190 

178 

254 


INDEX. 


SCHOOL  AND  PUBLIC  LANDS— Continued—  Section.  Page. 

execution  of  contracts 191  179 

expenses,  how  paid 234  194 

lands  withdrawn  when  189  178 

manner  of  sale , 186  177 

must  sell  for  appraised  value,  or  more  186  177 

nor  for  less  than  $10  per  acre 14,  158  8,  13 

notice  of 185  177 

to  purchaser 191  179 

rights  of  purchaser  under  contract 197  180 

selection  of  lands  for  sale 184  176 

terms  of 187  177 

where,  and  how  conducted  158  14 

when,  and  on  what  terms 155,  158  13 

void,  when  192  179 

Subdivision  of  lands 194  180 

Surveys,  when  made 193  179 

Taxation,  when  subject  to 207  183 

Trespass  on ....  229,  230  192 

SCHOOLS,  PUBLIC— 

Always  under  state  control 152  12 

Bible  not  to  be  excluded  from .' 754  77 

Close  for  teachers’  institutes 751  76  , 

Course  of  study 750  75 

Must  be  free 759  80 

Must  be  maintained  4,  69,  147,  148  8,  10,  11,  12 

Must  be  nonsectarian 147  12 

Willful  disturbance  of,  penalty  for 773  83 

SCHOOL  SITES— 

Bonds  for  purchase  of 775  84 

Plow  obtained 702  46 

selected 701  46 

New  school  for  remote  pupils 703  47 

Purchase  of 703  47 

Reversion 702  46 

SCHOOL  TREASURER— 

Accounts,  how  kept 717  59 

settlement,  when 717  59 

Action  on  bond 689  42 

ditto 770  83 

Additional  bond,  when  required 685  40 

Bond  of 684  39 

Bonds,  municipal,  shall  negotiate  780  ■ 88 

County  treasurer  to  pay  funds  to,  when 718  Cl 

Deposit  in  depository  releases  from  liability  779  81 

Embezzlement  of  funds 769  83 

Endorsement  on  unpaid  warrants 687  41 

False  reports,  penalty  for 772  83 

Funds,  how  paid  out ...._ 686  41 

Liability,  exempt  from  on  deposit  with  depository....  2 106 

Notice  to’ drawee  of  unpaid  warrants 687  41 

Of  board  of  education,  who  is 803  98 

bond  of 805  99 

duties  of _ 804  99 

Records,  open  to  public 708  50 

Report,  form  of 717  59 


INDEX. 


255 


SCHOOL  TREASURER — Continued — Section,  Page. 

in  triplicate 717  59 

false,  penalty  for 772  83 

Salary  of 090  42 

Surety  bond 1 40 

Unlawful  drawing  of  money,  penalty  for 708  83 

Vacancy 084  39 

Warrants,  unpaid  to  be  endorsed 087  41 

penalty  for  failure 771  S3 

notice  to  drawee  when  sufficient  funds 087  41 

When  county  treasurer  to  pay  funds  to 718  61 

SCEIOOL  MONTH— 

Defined 749  74 

SCHOOL  TERM— 

Increased  on  petition 705  48 

Length  of,  and  how  fixed 704  47 

Maximum  length  of 705  48 

Special  districts,  length  of 797  (1)  96 

SCHOOL  WEEK— 

Defined 749  74 

SCHOOL  YEAR— 

Defined 749  74 

SEALS— 

Board  of  education,  independent  district 835  109 

County  superintendent 642  24 

Superintendent  of  public  instruction 633  22 


SECRETARY  BOARD  OF  EDUCATION— 

(See  Board  of  Education.) 

SECRETARY  OF  STATE— 

Board  of  university  and  school  lands,  member  of  ....  169  169 

Bond  of  land  commissioner  filed  with  170  170 

Furnish  university  with  official  publications  894,  895  131 


SINKING  FUND— 

From  what  fund  created  and  how 1 198 

Investment  of 820,  2 104,  198 


Retirement  of  bond 3 198 

To  pay  bonds 2488  204 

SITES.— 

(See  School  Sites.) 

SPECIAL  DISTRICTS— 

Creation  of 1 90 

Constituted  when 6 91 

Division  of  property 8 91 

Duty  of  board  as  to  health  and  decency 874  123 

Election  to  form 2 90 

of  board  of  education 803  100 

notice  of ' 809  100 

form  of 810  101 

Formation  under  present  law 11  • 92 

How  organized 789  94 

Investment  of  funds 1 105 


256 


INDEX. 


SPECIAL  DISTRICTS — Continued — Section, 

May  become  part  of  general  district,  when 807 

how 807 

What  are 785 

What  may  become 785 

SPECIAL  LAWS— 

Independent  districts Appendix  A 

SPECULATION— 

In  office  prohibited 7632, 

STABLES— 

In  rural  districts 1 

STATE’S  ATTORNEY—  Section. 

Prosecute  actions  for  trespass  233 

officer  for  neglect  of  duty 307 

STATE  AUDITOR— 

Board  of  university  and  school  lands,  member  of  ....  169 

Deaf  and  dumb  school,  issues  certificates 966d 

Industrial  school,  warrants  for 977 

Institute  fund,  warrants  on 757 

School  funds,  authority  to  draw  warrants  on 176 

Tuition  fund,  state,  duties  as  to 711 

STATE  EDUCATIONAL  LIBRARY— 

Appropriation  for 866 

STATE  GEOLOGIST— 

Professor  geology  at  university  is 904 

STATE  HIGH  SCHOOLS— 

(See  High  School  Board.) 

STATE  INSTITUTIONS— 

Heads  of Appendix  G 

STATE  PROFESSIONAL  CERTIFICATE—  736 

For  life : 922 

five  years 922 

STATE  REFORM  SCHOOL— 

(See  Reform  School.) 

STATE  TREASURER— 

Custodian  of  school  funds 174 

of  securities 174 

of  funds  of  academy  of  science 932 

of  industrial  school 981 

of  reform  school 2 

Collect  money  due  on  securities 175 

Keep  funds  of  normal  schools  912 

Report  collections  on  school  land  sales 175 

STATE  TUITION  FUNDS— 

(See  School  Funds.) 

STATE  UNIVERSITY— 

(See  University.) 


Page. 

100 

100 

89 

89 


200 

205 

51 

Page. 

193 

201 


169 

152 

157 

788 

173 

51 


120 

133 


224 

67 

138 

138 


172 

172 

140 

166 

163 

172 

135 

172 


INDEX. 


257 


STATUTES— 

Not  included  in  school  laws 
STIMULANTS— 

(See  Narcotics.) 
STUDIES— 

Assignment  of  by  teacher.  . 
SUPERINTENDENT— 


Section. 
.Appendix  B 


Page. 

200 


Schools,  supervision  of . 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— 
Appeals  from  county  superintendent,  shall  determine. . 

prescribe  procedure  

Board  of  university  and  school  lands,  member  of 

Bond Note  1,  Appenc 

Books,  reports,  etc.,  to  be  preserved  

Biennial  report  

Confer  with  county  superintendents  . 

Course  of  study  in  public  schools,  prescribe 

County  superintendents,  shall  advise  

Diplomas  from  university,  endorsement  of  

Educational  association,  publish  proceedings  of 

Election  of  

Examinations,  teachers’,  shall  prepare  questions  

Have  general  supervision  of  public  schools  

High  school  board,  member  of  

Normal  school  board,  member  of  

ditto 

Office  of 

Powers  and  duties 

Purchase  books  for  district  and  traveling  libraries  .... 

Qualifications  for  8! 

Records,  shall  keep  

printing  and  distribution  of 

Revoke  certificates 

Salary 8 

Traveling  expenses  


shall 


School  laws. 

Seal  of 

Supplies,  blanks,  etc.,  to  furnish.... 
Teachers’  exarninations,  duties  as  to 

institutes,  assist  at  

appoint  conductors  

course  of  study,  prescribe 

rules  and  regulations,  prescribe  . 
reading  circles,  prescribe  course  . . . 
training  schools,  prescribe  course  , 
Text  books,  supply  list  of 


SUPPLIES— 

State  superintendent  to  furnish 
SUPREME  COURT— 

Decisions  of 


753 

76 

797  (9) 

97 

799 

98 

629 

21 

629 

21 

624 

20 

ix  D 

212 

623 

19 

635 

22 

632 

21 

627 

2® 

629 

21 

889 

130 

1 

23 

622 

19 

626 

20 

624 

20 

867 

120 

624 

20 

908 

134 

82 

10 

83 

10 

625 

20 

2,  622 

10,  19 

630 

21 

636 

22 

• 626 

20 

t,  637 

10,  23 

637 

23 

1,  622 

10,  19 

631 

21 

633 

22 

625 

20 

736 

62 

634 

22 

756 

72 

628 

21 

628 

21 

628 

21 

628 

21 

863 

119 

726 

65 

625 

20 

dix  C 

205,  212 

School  Laws— 17 


258 


INDEX. 


SUPREME  COURT  REPORTS-  Section. 

Secretary  of  state  shall  furnish  university 894 

SURETY  BONDS— 

May  be  required 1 

SUSPENSION  OF  PUPILS— 

By  school  board 697 

teacher 752 

TAXES— 

Annual  school  tax 801 

Bonds  issued  when  taxes  insufficient 816 

Delinquent 722  (3) 

Equalization  of  debts,  maximum  levy  for . . 733 

paid  to  district  treasurer 734 

How  and  when  collected 720 

In  districts  having  no  school  board 725 

Levy  for  sinking  fund  and  interest  on  bonds 779 

ditto 819 

how  made  and  when 699 

ditto 721 

maintenance  for  state  institutions 1 

resolution  by  board  of  education,  to  provide  for  ....  819 

to  pay  bonds 780 

to  pay  divided  bonded  indebtedness 9 

to  pay  judgment 721,  723 

to  pay  previous  debts  and  to  equalize 732 

Maximum  levy  for  all  purposes 735 

Refund,  when 720 

School  board  cannot  abate  after  notice  to  auditor  ....  699 

Uniform,  must  be 723 

What  property  taxable 800 

TAXES — Independent  District — 

Board  of  education,  powers  as  to 839 

Collection  of 840 

Limitation  on 841 

TAXES— 

School  lands  when  subject  to 207 

Support  of  state  institutions,  how  apportioned 3 

TEACHERS— 

Board  of  education,  duties  as  to 797  (8) 

Bible,  reading  of 754 

Certificate  of  permit,  to  whom  granted  742 

aliens  not  entitled  to Note  25,  Appendix  D 

professional 736,  922 

third  grade Note  19,  Appendix  D 

Contract,  must  be  in  writing 695 

not  affected  by  change  in  district  . . Note  20,  Appendix  D 

when  void 742 

Decisions  of  supreme  court Appendix  C 

Examination  for  certificate  736 

Excused  from  attendance  at  institute,  when 641  . 

Institutes,  must  attend 641,  751 

penalty  for  failure 751 

May  suspend  pupils 752 

Moral  instruction  by 754 

No  compensation,  when 747 


Page. 

131 


40 


45 

76 


98 

102 

63 
66 
67 
61 

64 
80 

103 
• 44 

62 
160 
103 
82 
85 

62,  63 
66 
67 
61 
45 
63 
98 


111 

111 

111 


183 

169 


96 
77 
72 
216 
67,  138 
215 
44 
215 
■ 72 

205 
67 
24 

24,  76 
76 

76 

77 
74 


INDEX. 


259 


TEACHERS — Continued — Section.  Page. 

Normal  students  in  university  to  file  declaration  of  in- 
tention to  teach 892  130 

Notice  of  beginning  and  closing  terms  of  school 746  • 74 

Permits  to  teach Note  18,  Appendix  D 215 

Physical  exercises,  instruction  in 754a  77 

Qualifications  of 742  71 

Re-examination,  when 741  71 

Register,  what  to  contain 748  74 

Report  to  county  superintendent 748  74 


Salary  in  case  of  quarantine Note  21,  Appendix  D 216 

graded 695  44 

To  grade  pupils  753  76 

Wages  held  back,  when 748  74 

Who  may  be 695  44 

TEACHERS’  INSTITUTES— 

(See  Superintendent  of  Public  Instruction.) 

Appropriation  for 756  78 

by  county  commissioners 758  79 

Conductors,  appointment  of 756  78 

Funds 755  77 

now  paid  out 757  78 

Notice  of 751  76 

Rules  and  regulations,  state  superintendent  to  prescribe  628  21 

TEACHERS’  READING  CIRCLE— 

(See  Superintendent  of  Public  Instruction.) 

Fees  from  normal  and  professional  certificates 739  69 

TERM— 

Of  office Note  9,  Appendix  D 214 

county  superintendent 638  23 

state  superintendent  622  19 

Of  school — (See  School  Term.) 

TERRITORY— 

Adjacent,  how  attached 786  92 

Divided,  when 6 91 

by  natural  obstacle 662  31 

to  form  special  district 1 90 

In  two  counties 662  31 

New  districts,  may  include  what 661  30 

What  may  be  organized 660  30 

TEXT  BOOKS,  FREE.— 

(See  Free  Text  Books.) 

TIMBER— 

Board  of  university  and  school  lands  may  sell  what. . 228  192 

Lessee  of  school  lands  not  to  destroy 225  191 

TITLE— 

How  acquired 702  46 

Of  school  lands  is  in  state 202  182 

TOWNSHIP— 

Civil  may  be  organized  into  school  district 666  (1)  32 

Congressional  may  be  organized 666  (2)  33 

Fractional  may  be  consolidated 664  31 

TRAINING  SCHOOLS,  TEACHERS’— 

(See  Superintendent  of  Public  Instruction.) 


260 


INDEX. 


TRAVELING  EXPENSES—  Section. 

Of  state  superintendent  637 

TREASURER— 

(See  School  Treasurer.) 

(See  State  Treasurer.) 

TRESPASS— 


'Damages  recovered  go  to  general  fund ' 232 

On  public  lands 229,  230 

State’s  attorney  to  prosecute  actions  for 233 

TRUANT  OFFICER— 

School  board  may  employ 761 

TRUSTEES— 


(See  under  various  institutions.) 

TUITION  FUND— 

(See  School  Funds.) 

UNCULTIVATED  LANDS— 

Must  not  be  broken -226 

UNITED  STATES  BONDS— 

Investment  of  school  funds  in 1 

UNITED  STATES  FLAG— 

To  be  displayed,  when 865 

Penalty  for  failure 865 

UNIVERSITY— 

Board  of  trustees  adopt  rules  of  government....  881,  892 

Budge,  William,  life  member  of 876 

cause  weather  reports  to  be  kept 900 

compensation 891 

distribution  of  reports  883 

elect  president  and  faculty 881 

fix  salaries  893 

from  same  county,  limit 877 

geological  and  natural  history  survey 898 

(see  pages  137-139.) 

geological  map 902 

government  of  university 876 

how  appointed 877 

maintain  museums 901 

may  expend  income 882 

may  remove  president  or  any  professor 881 

may  unite  any  college  with  university 882 

meetings 879 

number  of,  limited 880 

officers  and  records 878 

powers  and  duties 878 

prescribe  requirements  for  admission  892 

rules  for  management  of  property  881 

quorum 879 

reports  as  to  surveys 903 

to  governor 883 

secretary,  duties 878 


Page 

23 


193 

192 

193 


81 


191 


105 


119 

120 


127,  130 

125 
132 

130 
127 
127 

131 

126 
130 

132 

125 

126 

132 
127 
127 
127 
126 
126 
126 
126 
130 
127 
126 

133 
127 
126 


INDEX. 


261 


UNIVERSITY— Continued- 

superintendent  of  buildings  and  grounds  .... 

vacancies 

Course  of  instruction 

Departments 

Diploma,  endorsement  of  by  state  superintendei 

Geological  survey,  extent  of 

appropriation  for 

Graduates  entitled  to  certificate  to  teach 

Instruction  to  be  nonpartisan  and  nonsectarian 

Land  grant  to  

Location  

Muskets,  loan  of,  authorized 

Normal  graduates,  professional  certificate  ... 
students  file  declaration  of  intention  to  teach 

Obj  ect 

Official  publications  to  be  furnished  

President,  member  of  high  school  board 

and  faculty,  powers 

elected  by  trustees 

salaries  to  be  fixed  by  trustees 

Pupils,  who  may  become 

Rents,  penalties,  etc.,  from  lands 

Requirements  for  admission,  trustees  to  fix  .... 

Scandinavian  language 

State  geologist,  professor  of  geology  is 

Tax  levy  for  maintenance 

2-5  of  a mill 

Tuition  fees 

VACANCIES—  Notes  3 and  9,  . 


Director  of  school  of  forestry  . . . . 

Election  board 

Failure  to  give  bond 

treasurer  of  independent  district 

School  clerk 

treasurer  

Superintendent  of  public  instructic 
Trustee  of  agricultural  college  . . . , 


normal  school 
When 

VOTE— 

Who  may 

VOTERS— 


Soldiers  and  sailors  not  residents 
Who  are 


Section. 

Page. 

. . . . 878 

126 

. . . . 877 

126 

. . . . 88G 

129 

. . . . 885 

128 

. . . . 889 

130 

. ..  899 

132 

. . . . 904a 

133 

. . . . 889 

130 

. . . . 881 

127 

. . . . 17 

9 

215,  875 

17,  125 

896,  897 

131 

. . . . 737 

68 

. . . . 892 

130 

. . . . 885 

128 

894,  895 

131 

. . . . 867 

120 

, . . . 884 

128 

, . . . 881 

127 

893 

131 

, . . . 888 

129 

1 

195 

. . . 892 

130 

887 

129 

...  904 

133 

...  *1 

168 

3 

169 

...  890 

130 

)endix  D 

212,  214 

..  814 

101 

...  834 

109 

...  179 

173 

. . . 727 

65 

...  1020h 

161 

...  675 

37 

...  805 

99 

...  844 

112 

. . . 729 

65 

...  684 

39 

. . . 7‘>6 

65 

...  936 

141 

...  968 

L53 

. . . 952 

147 

...  976 

156 

. . . 909 

124 

...  730 

65 

. . . 672 

36 

. . . 123 

11 

. . . 125 

11 

. . . 126 

11 

11 

11 

262 


INDEX. 


VOTERS — Continued — 

Section. 

Page. 

qualified 

.Note  10,  Appendix  D 

214 

women  are,  when  . : 

128 

11 

WARRANTS— 

Decisions  of  supreme  court 

. 207 

Money  paid  only  on  proper 

804 

99 

no  money  paid  except  on  proper  . . 

686 

41 

Notice  to  drawee  of  sufficient  funds 

687 

41 

Only  for  prior  indebtedness  

688 

41 

Penalty,  failure  to  endorse  unpaid 

771 

83 

Unpaid  bear  interest 

687 

41 

to  be  endorsed 

687 

41 

What  to  specify  

688 

41 

WATER  CLOSETS— 

' 

School  boards  must  provide 

874 

123 

WALCOTT— 

Independent  district  of 

200 

WEATHER  REPORTS— 

To  be  kept  at  university 

900 

132 

WEEK,  SCHOOL— 

Defined  . . 

749 

74 

WOMEN— 

Are  voters,  when 

128 

11 

YEAR,  SCHOOL— 

Defined 

749 

74 

nu  n l u 


